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C & C PRODUCTS, INC. v. FIDELITY & DEPOSIT CO. OF MD.

No. 74-4022 Summary Calendar.

512 F.2d 1375 (1975)

C & C PRODUCTS, INC., Plaintiff-Appellee, v. FIDELITY AND DEPOSIT CO. OF MARYLAND, Defendant and Third-Party Plaintiff-Appellant, PREMIER INDUSTRIAL CORP., Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 21, 1975.

Attorney(s) appearing for the Case

Robert E. Moorer, Birmingham, Ala., for Fidelity & Deposit Co. of Md.

W. Eugene Rutledge, Birmingham, Ala., for Premier Ind. Corp.

Drayton Nabers, Jr., W. Stancil Starnes, Birmingham, Ala., for plaintiff-appellee.

Before WISDOM, BELL and CLARK, Circuit Judges.

PER CURIAM:

C & C Products, Inc. (C & C) initiated this diversity action against Fidelity and Deposit Co. (Fidelity), surety on two injunction bonds posted by C & C's competitor, Premier Industrial Corp. (Premier), to recover damages1 allegedly incurred because of the wrongful suing out of an injunction by Premier. This present federal action follows multiple Alabama state court litigation pursued by Premier to enjoin C &...

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