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FIDELITY & DEPOSIT CO. v. USAFORM HAIL POOL, INC.

No. 63-186-Civ-J-M.

465 F.Supp. 478 (1979)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation, Plaintiff, v. USAFORM HAIL POOL, INC., a Florida Corporation, et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

As Amended February 1, 1979.

Attorney(s) appearing for the Case

George Stelljes, Jr., Marks, Gray, Conroy & Gibbs, Jacksonville, Fla., for plaintiff.

Thomas T. Cobb, Cobb, Cole, McCoy, Abraham, Bell, Bond, Monaco & Kaney, Daytona Beach, Fla., for defendants.

OPINION

MELTON, District Judge.

This diversity case is before the court upon remand from the Fifth Circuit Court of Appeals, which reversed a previous judgment of this court in Fidelity and Deposit Company of Maryland v. USAFORM Hail Pool, Inc., 523 F.2d 744 (5th Cir. 1975), cert. denied, 425 U.S. 950, 96 S.Ct. 1725, 48 L.Ed.2d 194 (1976) ("USAFORM II"). The plaintiff, Fidelity and Deposit Company of...

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