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CROWN CONSTRUCTION CO. v. OPELIKA MANUFACTURING CORP.

No. 72-2974.

480 F.2d 149 (1973)

CROWN CONSTRUCTION COMPANY, Plaintiff-Appellant, v. OPELIKA MANUFACTURING CORPORATION, Defendant-Third-Party Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 28, 1973.

Attorney(s) appearing for the Case

Harry L. Griffin, Jr., Smith, Currie & Hancock, Atlanta, Ga., for appellants.

A. Felton Jenkins, Jr., Kirk McAlpine, Atlanta, Ga., Stanton Schuman, Donald J. Ryan, Chicago, Ill., for appellee.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

This appeal is from the district court's grant of summary judgment on Motion of Opelika Manufacturing Corporation (Opelika) against Crown Construction Company (Crown) and the surety, Fidelity and Deposit Company of Maryland, (F. & D.) on Crown's bid bond accompanying its low bid of $822,000 to construct two facilities in Georgia for Opelika, 343 F.Supp. 1266.

Crown brought action below against...

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