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TRAVELERS INDEMNITY CO. v. PEACOCK CONSTRUCTION CO.

No. 27682.

423 F.2d 1153 (1970)

The TRAVELERS INDEMNITY COMPANY, Plaintiff-Appellee-Cross Appellant, v. PEACOCK CONSTRUCTION COMPANY et al., Defendants-Appellants-Cross Appellees, v. SECURITY INSURANCE COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1970.

Attorney(s) appearing for the Case

Joseph F. Jennings, Dixon, Bradford, Williams, McKay & Kimbrell, P. A., Miami, Fla., for appellants-cross-appellees.

Earl D. Waldin, Jr., Harry L. Durant, Miami, Fla., for Security Ins.

Smathers & Thompson, Joseph A. McGowan, Miami, Fla., Bernstein & Sherr, Sarasota, Fla., for FMC Corp.

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

JOHN R. BROWN, Chief Judge:

In this multi-party donnybrook, see Grigsby v. Coastal Marine Service, 5 Cir., 1969, 412 F.2d 1011, 1015, with each turning in part on the other, the surety for the subcontractor sought from the general contractor and its surety payment of the balance of the subcontract price plus interest and statutory attorney fees, and in reconvention the general contractor sought by offset or recovery damages and chargebacks...

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