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AMERICAN CASUALTY CO. OF READING, PENN. v. IRVIN

No. 28304.

426 F.2d 647 (1970)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Plaintiff-Appellee, v. Thomas T. IRVIN, as Trustee, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 16, 1970.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., State of Georgia, Larry D. Ruskaup, Asst. Atty. Gen., Atlanta, Ga., for appellants.

Smith, Currie & Hancock, Harry L. Griffin, Jr., David E. Walker, Atlanta, Ga., for appellee.

Before JONES, BELL and GODBOLD, Circuit Judges.

JONES, Circuit Judge:

The appellant, Thomas T. Irvin, is the Commissioner of Agriculture of the State of Georgia. In bonds required to be procured by livestock dealers under the Packers and Stockyards Act, 1921,1 he is often named, and was so named in a bond before us on this appeal, as trustee for all persons who might be damaged by breaches of such bonds. The controlling question before this Court is whether the liability of a surety...

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