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HARDING v. PAN AM. LIFE INS. CO.

No. 78-1607.

602 F.2d 1181 (1979)

Joseph J. HARDING, Jr., Appellant, v. PAN AMERICAN LIFE INSURANCE COMPANY, a Louisiana Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1979.

Attorney(s) appearing for the Case

James W. Tredway, III, Richmond, Va. (Michael L. Soffin, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief), for appellant.

Stephen A. Northup, Richmond, Va. (Andrew J. Ellis, Jr., Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, RUSSELL, Circuit Judge, and FIELD, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This is a contest over a deposit of $22,000 made by the plaintiff, a real estate developer, with the defendant insurance company incident to a loan commitment of $1,100,000, by way of permanent financing for a proposed shopping center to be built by the plaintiff. Federal jurisdiction rested on diversity. 28 U.S.C. § 1332. The basic issue is whether the deposit is to be treated as a standby deposit, as a penalty, or as a deposit...

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