United States Fidelity & Guaranty Co. v. Bass

I respectfully dissent. I would affirm on the basis of Memorandum Opinion of the District Judge (Frank M. Johnson, Jr.) which is herewith reproduced.

*1064IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

UNITED STATES FIDELITY AND ) GUARANTY COMPANY, a ) corporation, ) ) Plaintiff, ) ) vs. ) CIVIL ACTION NO. 76-189-N ) RAY D. BASS, as Highway Director, ) State of Alabama Highway Department; ) MRS. MELBA TILL ALLEN, as State ) Treasurer, State of Alabama, ) ) Defendants. )

MEMORANDUM OPINION

PRANK M. JOHNSON, Jr., District Judge.

This is a suit for breach of…