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ZELL INSURANCE AGENCY, INC. v. GUARANTY SECURITY INS. CO.

No. 25312.

399 F.2d 147 (1968)

ZELL INSURANCE AGENCY, INC. and Harold E. Zell, Appellants, v. GUARANTY SECURITY INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 4, 1968.

Attorney(s) appearing for the Case

Albert Fendig, Brunswick, Ga., for appellants.

Thomas E. Dennard, Jr., Brunswick, Ga., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

The defendants below appeal from an order denying their motion for summary judgment, granting plaintiff-appellee's motion for summary judgment and entering judgment in favor of plaintiff as to Count One of its complaint.

From the undisputed facts it appears that the plaintiff, Guaranty Security Insurance Company (hereinafter Guaranty), entered into a contract with Zell Insurance Agency, Inc., (hereafter Zell) whereby Zell would sell...

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