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DEVELOPMENT CORP. OF AMERICA v. UNITED BONDING INS. CO.

No. 26984 Summary Calendar.

413 F.2d 823 (1969)

DEVELOPMENT CORPORATION OF AMERICA, Inc., Plaintiff-Appellee, v. UNITED BONDING INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1969.

Attorney(s) appearing for the Case

William T. Moore, Neil A. Devaney, Miami, Fla., for defendant-appellant, United Bonding Insurance Co.; Moore, Welbaum, Zook & Jones, Miami, Fla., of counsel.

James E. Glass, Miami, Fla., for plaintiff-appellee Development Corp. of America, Inc.; Rosenberg, Rosenberg, Reisman & Glass, Miami, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this Florida diversity case, Plaintiff Development Corporation of America [DCA], sued on a performance bond issued by United Bonding Insurance Company [United] to secure the performance of a contract entered by United's principal, International Electrical Contractors [International]. Shortly after the beginning of the trial before the District Judge, United announced in open court that it had authority to settle the matter, and after...

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