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WOOD, WIRE & METAL LATHERS, ETC. v. BROWN & ROOT, INC.

Civ. A. No. 1398.

157 F.Supp. 342 (1957)

WOOD, WIRE & METAL LATHERS, INTERNATIONAL LOCAL NO. 216, et al., Plaintiffs, v. BROWN & ROOT, Inc., et al., Defendants.

United States District Court S. D. Alabama, S. D.

December 31, 1957.

Attorney(s) appearing for the Case

William G. Caffey (of Caffey, Gallalee & Caffey), Mobile, Ala., for plaintiffs.

John H. Tappan (of Pillans, Reams, Tappan, Wood & Roberts), Mobile, Ala., Ben H. Powell, Sr. (of Powell, Rauhut, McGinnis & Reavley), Austin, Tex., for defendants.

THOMAS, District Judge.

This is a suit on an injunction bond, in which jurisdiction is founded on diversity of citizenship. The facts of the case are not in dispute. The only question presented here, on motion for summary judgment, involves the interpretation of an Alabama statute.

The Code of Alabama of 1940, Title 7, Section 1043, provides that a party procuring an injunction

"* * * must give bond with...

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