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LUMBERMENS MUTUAL CAS. CO. v. LOUISVILLE TITLE INS. CO.

No. 27189.

414 F.2d 415 (1969)

LUMBERMENS MUTUAL CASUALTY COMPANY, a Corporation, Plaintiff-Appellee, v. LOUISVILLE TITLE INSURANCE COMPANY, Inc., a Corporation, Cherokee Gardens, Inc., a Corporation, Rosemont Gardens, Inc., a Corporation, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

July 15, 1969.

Attorney(s) appearing for the Case

Jack H. Harrison, Birmingham, Ala., for Louisville Title Ins. Co., Inc.

Ollie L. Blan, Jr., Birmingham, Ala., for Walter M. and Ann French Graham.

Joseph S. Bluestein, Birmingham, Ala., for Rosemont Gardens, Inc. and Cherokee Gardens, Inc., Sirote, Permutt, Friend & Friedman, Beavers, Shannon & Harrison, Spain, Gillon, Riley, Tate & Ansley, Birmingham, Ala., of counsel, for appellants.

Thomas R. Elliott, Jr., James E. Clark, of London, Yancey, Clark & Allen, Birmingham, Ala., for Lumbermens Mut. Cas. Co., a Corp.

James W. May, Birmingham, Ala., Corretti, Newsom, Rogers & May, Birmingham, Ala., for Birmingham Bd. of Realtors, Inc., amicus curiae.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.

BELL, Circuit Judge:

The issue here is whether plaintiff's liability under the real estate salesman's bond issued by it on October 1, 1964, pursuant to the provisions of Title 46, § 311(5), Code of Alabama as amended, is a single penalty bond, or whether it is subject to several recoveries in the penal amounts of $1,000.00 each. The bond covers Frank S. Lacey, Jr., a real estate salesman. The district court concluded that it was a single penalty bond. We affirm...

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