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ST. PAUL FIRE & MARINE INS. CO. v. COMMODITY CREDIT CORP.

No. 72-2237.

474 F.2d 192 (1973)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Plaintiffs, v. COMMODITY CREDIT CORPORATION et al., Defendants. UNITED STATES of America, Counter Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Boston Insurance Company, Counter Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 1973.

Attorney(s) appearing for the Case

Frank McCown, U. S. Atty., Fort Worth, Tex., Walter H. Fleischer, Judith S. Feigin, Dept. of Justice, Washington, D. C., for appellant.

Marian Mayer Berkett, New Orleans, La., for Boston Ins. Co.

Bernard P. Evans, Donald M. Hunt, Lubbock, Tex., for St. Paul Fire & Marine Ins. Co.

James H. Milam, Lubbock, Tex., for 1st Nat. Bank.

Charles B. Jones, Lubbock, Tex., for Cochran.

Before GODBOLD, DYER and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

St. Paul Fire & Marine Insurance Co. and Boston Insurance Co. sued Commodity Credit Corporation (CCC) seeking a declaration of no liability on three bonds assuring performance by United Farmers Marketing Association (UFMA) of its obligations under a 1963 Cotton Cooperative Loan Agreement executed between UFMA and CCC. St. Paul and Boston were sureties on the three bonds; UFMA, an agricultural cooperative...

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