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ERICKSON'S, INC. v. TRAVELERS INDEMNITY COMPANY

No. 71-2899 Summary Calendar.

454 F.2d 884 (1972)

ERICKSON'S, INC., Plaintiff-Appellee, v. The TRAVELERS INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 1972.

Attorney(s) appearing for the Case

C. James Jessee, Jr., Jerry T. Hinson, Atlanta, Ga., Willis J. Richardson, Jr., Savannah, Ga., Shoob, McLain & Jessee, Atlanta, Ga., for appellant.

James M. Thomas, Savannah, Ga., Walter C. Hartridge, Bouhan, Williams & Levy, Savannah, Ga., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

We review on appeal1 an award of damages by the lower court, D.C., 330 F.Supp. 380, based upon a Special Master's Report, to Erickson's, Inc. (Erickson's), a plumbing, heating and air conditioning subcontractor of Peacock Construction Company (Peacock) against Travelers Indemnity Company (Travelers) on a Labor and Material Payment Bond furnished by Peacock for the use, protection and payment...

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