HOUDAILLE INDUSTRIES, INC. v. UNITED BONDING INS. CO.

No. 30076.

453 F.2d 1048 (1972)

HOUDAILLE INDUSTRIES, INC., etc., Plaintiff-Appellee, v. UNITED BONDING INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 8, 1972.


Attorney(s) appearing for the Case

Harry Kemker, William C. Frye, Tampa, Fla., Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, Fla., for defendant-appellant.

S. William Goldstein, Goldstein & Goldstein, Jacksonville, Fla., for plaintiff-appellee.

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


GODBOLD, Circuit Judge:

United is the surety on three bonds, identical except as to amount, made in 1968 by Pinellas Construction Co., a contractor, as principal, and each with two obligees, Kalmia Apartments, Inc., owner, and Home Federal Savings & Loan Association, lender. Each pertained to a separate contract by Pinellas, also executed in 1968, to construct an apartment building for Kalmia in the State of Florida. The construction jobs were not public works...

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