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FIRST ALA. BANK, ETC. v. HARTFORD ACC. & I. CO.

Civ. A. No. CA 75-G-2138-S.

430 F.Supp. 907 (1977)

FIRST ALABAMA BANK OF BIRMINGHAM, Plaintiff, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, INC., Defendant.

United States District Court, N. D. Alabama, S. D.

March 10, 1977.

Attorney(s) appearing for the Case

Robert B. Rubin, Sirote, Permutt, Friend & Friedman, P. A., Birmingham, Ala., for plaintiff.

Thomas E. Maxwell, Maxwell & Fincher, Birmingham, Ala., Allen Poppleton, Bradley, Arant, Rose & White, Birmingham, Ala., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GUIN, District Judge.

This case involves resolution of the competing claims of a construction contractor's assignee bank and its surety to contract progress payments disbursed by the owner of the project to the surety which immediately disbursed equivalent funds, by means of its own checks, to unpaid subcontractors and suppliers designated by the contractor as due such funds.

Because of the several contentions...

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