LAKE v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

No. 28967.

430 F.2d 1251 (1970)

Hymen LAKE, Individually, and as Trustee, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 29, 1970.


Attorney(s) appearing for the Case

John M. Robertson, Orlando, Fla., for plaintiff-appellant.

James C. Rinaman, Jr., George Stelljes, Jr., Jacksonville, Fla., for defendant-appellee.

Before TUTTLE, DYER and CLARK, Circuit Judges.


CLARK, Circuit Judge:

In this dispute over the breadth of indemnity provided by a surety company to an owner, who at the surety's request paid suppliers and subcontractors in preference to the prime contractor's assignee, we find that the district court based its denial of indemnity for the owner's loss in a suit by the assignee upon too narrow a premise of indemnity liability. The record also fails to disclose sufficient facts and circumstances upon which a final...

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