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UNITED STATES FIDELITY AND GUARANTY COMPANY v. HORTON

No. 27289.

424 F.2d 543 (1970)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellant, v. Jackie HORTON and Peggy L. Horton, his wife, and William R. Delp, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Corrected May 7, 1970.

Attorney(s) appearing for the Case

Charles Cook Howell, Jr., Charles Cook Howell, III, J. Edwin Gay, Jacksonville, Fla., for plaintiff-appellant.

David R. Lewis, Jacksonville, Fla., for defendants-appellees.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

TUTTLE, Circuit Judge:

It now appearing that the judgment in favor of the Hortons has been affirmed by the Supreme Court of Florida and it appearing that the Appellant United States Fidelity and Guaranty Company has fully paid that judgment; and

It further appearing that Delp's judgment here appealed from by United States Fidelity and Guaranty Company was based on allegations by Delp to the effect that a judgment has been entered against him, whereas it should...

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