CENTRAAL STIKSTOF VERKOOP., N.V. v. ALABAMA ST. DOCKS DEPT.

No. 24045.

415 F.2d 452 (1969)

CENTRAAL STIKSTOF VERKOOPKANTOOR, N.V., Appellant, v. ALABAMA STATE DOCKS DEPARTMENT and Gulf American Fire & Casualty Company, a Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

August 15, 1969.


Attorney(s) appearing for the Case

Rae M. Crowe, John Grow, Mobile, Ala., for appellant; Armbrecht, Jackson & DeMouy, Mobile, Ala., of counsel.

Mitchell G. Lattof, Mylan R. Engel, Special Asst. Attys. Gen., Engel & Smith, Diamond, Lattof & Favre, Mobile, Ala., Robert P. Bradley, Asst. Atty. Gen., MacDonald Gallion, Atty. Gen., Montgomery, Ala., for appellees.

Before GODBOLD and SIMPSON, Circuit Judges, and McRAE, District Judge.


SIMPSON, Circuit Judge.

On September 24, 1965, appellant, Centraal Stikstof Verkoopkantoor, N.V. (C.S.V.), filed a complaint against Alabama State Docks Department (Docks) and Gulf American Fire & Casualty Company (Gulf). The complaint alleges that Docks had breached its storage contract with C.S.V. Relief was sought against Gulf as surety on its bond with Docks. Both Docks and Gulf moved to dismiss the complaint on the...

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