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AMERICAN SURETY CO. v. CAMPBELL

No. 9858.

123 F.2d 195 (1941)

AMERICAN SURETY CO. v. CAMPBELL et al. CAMPBELL et al. v. AMERICAN SURETY CO.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1941.

Attorney(s) appearing for the Case

Graham Wright, of Rome, Ga., and E. Clem Powers and Ralph Williams, both of Atlanta, Ga., for appellant and cross-appellee, American Surety Co.

Wm. F. Buchanan, of Atlanta, Ga., C. D. McCutchen, of Dalton, Ga., and Y. A. Henderson, J. A. Gregory, and J. H. Paschall, all of Calhoun, Ga., for appellees and cross-appellants.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

Vaughan Sutherland, who held a policy of automobile liability insurance issued to him by the American Surety Company, was killed when his car overturned. Five suits demanding damages for injuries sustained in the accident were filed against his administrator in a state court of Georgia. The suits were not defended by the surety company, and judgments totalling $10,000 were obtained by the plaintiffs on May 24, 1939.

The insurer then...

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