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HESTER v. NEW AMSTERDAM CASUALTY COMPANY

Civ. A. No. 8748.

268 F.Supp. 623 (1967)

Glenn B. HESTER and J. B. Fuqua, Plaintiffs, v. NEW AMSTERDAM CASUALTY COMPANY, a corporation, Keith T. Jones and Estelle J. Jones, and Edward F. Egan, Defendants.

United States District Court D. South Carolina, Florence Division.

May 5, 1967.

Attorney(s) appearing for the Case

James P. Mozingo, III, D. Kenneth Baker, Darlington, S. C., for plaintiffs.

Willcox, Hardee, Houck, Palmer & O'Farrell, Hugh L. Willcox, Florence, S. C., for defendant New Amsterdam Casualty Co.

DONALD RUSSELL, District Judge.

This matter is before me upon motion of the plaintiffs for summary judgment against the defendant New Amsterdam Casualty Company (hereinafter referred to as Surety). The motion is based upon an alleged settlement agreement, represented by an exchange of letters between counsel for the plaintiffs and counsel for the Surety.

While stated in tort for fraud, this action, so far as the present motion is concerned, involves the question...

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