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UNITED STATES v. ASSOCIATES DEVELOPERS OF FLORIDA, INC.

Nos. NN-307, NN-253.

400 So.2d 17 (1980)

UNITED STATES of America, Appellant, v. ASSOCIATED DEVELOPERS OF FLORIDA, INC. and Auto-Owners Insurance Company, Appellees. DEPARTMENT OF REVENUE, State of Florida, Appellant, v. ASSOCIATED DEVELOPERS OF FLORIDA, INC. and Auto-Owners Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 16, 1981.

Attorney(s) appearing for the Case

Nicholas P. Geeker, U.S. Atty., Tallahassee, M. Carr Ferguson, Asst. Atty. Gen., and Gilbert E. Andrews, Karl Schmeidler, and Mary L. Jennings, Attys., Tax Division, Dept. of Justice, Washington, D.C., for appellant United States of America.

Jim Smith, Atty. Gen., William D. Townsend, Asst. Atty. Gen., Tallahassee, for appellant Dept. of Revenue, State of Florida.

David T. Johnson, Jr. of Clark, Partington & Hart, Pensacola, for appellee Auto-Owners Ins. Co.

PER CURIAM.

The United States of America (United States) and the State of Florida (State) appeal a final judgment absolving the surety, Auto-Owners Insurance Company, from liability for the receiver's failure to pay certain tax monies to each government. We reverse.

Several plaintiffs holding mortgages on country club property filed a petition for the appointment of a receiver to continue the business. The trial court granted the petition, effective June 25...

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