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STATE OF ALABAMA v. BESSEMER MATERIALS, INCORPORATED

Civ. A. No. 10079.

224 F.Supp. 182 (1963)

STATE OF ALABAMA ex rel. Macdonald GALLION, as Attorney General of the State of Alabama, Complainant v. BESSEMER MATERIALS, INCORPORATED, Frank S. Blackford, as trustee of Bessemer Materials, Incorporated, United States Fidelity and Guaranty Company, a Foreign Corporation, and the United States of America, Respondents.

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

December 3, 1963.

Attorney(s) appearing for the Case

Richmond Flowers, Atty. Gen. of the State of Alabama; Herbert I. Burson, Jr., State Dept. of Revenue, and William S. Mooneyham, Asst. Gen. Counsel for the Department of Industrial Relations, State of Alabama, Montgomery, Ala., for plaintiff.

Ralph B. Tate and Spain, Gillon & Young; Leader, Tenenbaum, Perrine & Swedlaw; Frank S. Blackford; and Macon L. Weaver, U. S. Atty., Birmingham, Ala., and Ling & Bains, Bessemer, Ala., for defendants.

GROOMS, District Judge.

FINDINGS OF FACT

The Court finds the facts as follows:

1. On May 12, 1959 the State of Alabama entered into a contract with Bessemer Materials, Incorporated (hereafter called Bessemer Materials) for the construction of a road in Walker County, Alabama known as Project Number S-668(7).

2. The defendant, United States Fidelity and Guaranty Company (hereafter called USF&G) as surety executed for Bessemer Materials...

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