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UNITED STATES FIDELITY & GUAR. CO. v. HENDRY CORPORATION

No. 22692.

391 F.2d 13 (1968)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. HENDRY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 20, 1968.

Attorney(s) appearing for the Case

Bert Lane, Pensacola, Fla., for appellant.

Stanley W. Rosenkranz, Tampa, Fla., for appellee.

Before WISDOM, BELL and GODBOLD, Circuit Judges.

Rehearing En Banc Denied June 20, 1968.

WISDOM, Circuit Judge:

The United States Fidelity & Guaranty Company, the Miller Act surety for Smith Engineering Construction Company, a defaulting government contractor, appeals from a summary judgment in favor of Hendry Corporation, the use-plaintiff. United States to Use of Hendry Corp. v. Smith Engineering & Const. Co., N.D.Fla.1965, 240 F.Supp. 189. The surety contends...

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