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CAM-FUL INDUSTRIES v. FIDELITY & DEPOSIT CO.

Nos. 1349, 1566 and 1567, Dockets 90-7113, 90-7169 and 90-7173.

922 F.2d 156 (1991)

CAM-FUL INDUSTRIES, INC., Plaintiff-Appellant, Cross-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant and Third-Party Plaintiff-Appellee, Cross-Appellant, Adams Electric Corp., Raymond R. Adams, Eleanor Adams and Robert M. Adams, Third-Party Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 4, 1991.

Attorney(s) appearing for the Case

Ronald G. Robey (Smith, Currie & Hancock, D. Lee Roberts, Jr., Atlanta, Ga., of counsel), for plaintiff-appellant.

Gerald J. Mathews (Menter, Rudin & Trivelpiece, P.C., Jeffrey A. Dove, of counsel), Syracuse, N.Y., for defendant-appellee Fidelity and Deposit Co. of Maryland, and third-party defendant Adams Elec. Corp.

Before OAKES, Chief Judge, PRATT, Circuit Judge, and JOHN E. SPRIZZO, District Judge, for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

This dispute arises out of a public construction project in Syracuse, New York. We are asked primarily to reverse the district court's determination that relieved a surety of responsibility under a payment bond for the claim of an excavation subcontractor who, at the request of the prime contractor, installed wood sheeting that was required by the prime contract, but was beyond the scope of its subcontract. On this issue we reverse...

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