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WHATLEY v. U. S. FIDELITY AND GUARANTY CO.

Civ. 1722.

373 So.2d 1109 (1979)

L. G. WHATLEY et al. v. UNITED STATES FIDELITY AND GUARANTY COMPANY.

Court of Civil Appeals of Alabama.

Rehearing Denied June 27, 1979.

Attorney(s) appearing for the Case

Allen W. Howell, Montgomery, for appellants.

James T. Upchurch, III, Montgomery, for appellee.

WRIGHT, Presiding Judge.

This is an action to recover attorney fees alleged due under a master surety contract. The Whatleys were sureties on a master surety agreement to a performance bond issued by USF&G. The circuit court granted summary judgment to USF&G and we affirm.

The master surety agreement was entered into in September of 1973 by USF&G, the Whatleys, and Engineering and Development Co., Inc. It contained the following relevant language...

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