FIDELITY AND DEPOSIT COMPANY OF MARYLAND, PLAINTIFF-APPELLEE,
v.
SCOTT BROTHERS CONSTRUCTION COMPANY ET AL., DEFENDANTS, CITY BANK OF GOODWATER, ALABAMA, DEFENDANT-APPELLANT

5th Cir. | 1973-07-02
No. 72-2994
479 F.2d 1326 Court of Appeals for the Fifth Circuit (1973)

Opinion of the Court
PER CURIAM:

PER CURIAM:

The legal and factual issues raised in this appeal are indistinguishable from those raised in the companion case of Fidelity & Deposit Co. of Md. v. Scott, etc., 5 Cir. 1972, 461 F. 2d 640. The teachings of the opinion . in that case compel that we reverse the judgment of the District Court with directions that judgment be entered in favor of The City Bank of Goodwater. Reversed and rendered.

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