AMERICAN MFG. MUT. INS. CO. v. TISON HOG MARKET

No. 98-8506.

182 F.3d 1284 (1999)

AMERICAN MANUFACTURING MUTUAL INSURANCE COMPANY, Plaintiff-Counter-Claimant-Defendant-Appellee,. v. TISON HOG MARKET, INC., Thomas T. Irvin, Commissioner of Agriculture for the State of Georgia as Trustee for any and all claimants under bonds issued for Thurstan D. Paulk, Jr. d.b.a. Paulk Livestock Co., and Coffee County Stockyard, Inc., Defendants-Appellants, Gainesville Livestock Market Inc., Madison Hog Market, Inc., d.b.a. Townsend Livestock Market, et al., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 3, 1999.


Attorney(s) appearing for the Case

Terry A. Dillard, Scott C. Crowley, Waycross, GA, for Gainesville Livestock, Amadison Livestock, Townsend, S. Carolina Farm, etc.

William E. Callaway, Jr., Claxton, GA, for Tison Hog.

John E. Hennelly, Robert S. Bomar, Deputy Atty. Gen., Isaac Byrd, Senior Asst. Atty. Gen., Atlanta, GA, for Irvin.

Jeffrey Y. Lewis, Swift, Currie, James R. McCain, Jr., Atlanta, GA, for American Mfg.

Before COX, Circuit Judge, FAY, Senior Circuit Judge, and NANGLE, Senior District Judge.


COX, Circuit Judge:

Plaintiff American Manufacturing Mutual Insurance Company ("American") filed this action seeking a declaratory judgment that it was not liable to the defendant creditors on two surety bonds. The district court entered summary judgment in American's favor and the defendants appeal. For the reasons that follow, we vacate and remand.

I. Background

The Packers and Stockyards Act of 1921, 7 U.S.C. § 181 et seq.,...

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