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RAGAN v. TRI-COUNTY EXCAVATING, INC.

Nos. 94-1388 and 95-1189.

62 F.3d 501 (1995)

Michael J. RAGAN, as Administrator and Fiduciary of the International Union of Operating Engineers Local No. 542 Pension, Health and Welfare, Apprenticeship, Training and Safety, Supplemental Unemployment Benefit and Annuity Funds; International Union of Operating Engineers, Local 542 v. TRI-COUNTY EXCAVATING, INC.; United States Fidelity and Guaranty Company; Hartford Fire Insurance Company, Hartford Fire Insurance Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

Sam L. Warshawer, Jr. (argued), Edward Seglias, Venzie, Phillips & Warshawer, Philadelphia, PA, for appellant.

Robert T. Carlton, Jr. (argued), McAleese, McGoldrick & Susanin, King of Prussia, PA, for appellees.

Before STAPLETON, HUTCHINSON, and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Defendant-Appellant Hartford Fire Insurance Company is the surety on a labor and material payment bond purchased by Mele Construction Co., Inc. ("Mele"). Hartford's bond required prospective claimants who were not in a "direct contract" with Mele to give written notice of their claims within 90 days after they ceased work. Plaintiffs-Appellees, tardy claimants on Hartford's bond, are the International Union of Operating...

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