FARMERS ELEVATOR MUT. INS. CO. v. THE J. R. MILAM CO.

No. 29517.

435 F.2d 140 (1970)

FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. THE J. R. MILAM COMPANY et al. Defendants, Fidelity and Deposit Company of Maryland, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1970.


Attorney(s) appearing for the Case

George Chase, Waco, Tex., Naman, Howell, Smith & Chase, Waco, Tex., of counsel, for Fidelity and Deposit Co. of Maryland.

J. Edward Barth, Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., for Farmers Elevator Mut. Ins. Co.; Richard L. Bohanon, Oklahoma City, Okl., of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C., John A. Harris, Deputy Director, Commodity Stabilization Division, Katherine A. Markwell, Atty., Department of Agriculture, Washington, D. C., for the United States of America, amici curiae.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of Court of Claims.


PER CURIAM:

In this case the district court had entered a judgment approving a stipulation for settlement between the Farmers Elevator Mutual Insurance Company, as subrogee of the Commodity Credit Corporation, against The J. R. Milam Company and its liquidating trustees in the amount of $14,893.55 and interest, and had ordered that the only issue remaining for consideration is the legal defense of whether plaintiff's claim as against Fidelity and Deposit Company of...

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