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AETNA CAS. AND SUR. CO. v. LEAHEY CONST. CO.

Nos. 98-4545, 99-3005 and 99-3006.

219 F.3d 519 (2000)

AETNA CASUALTY AND SURETY COMPANY, n/k/a Travelers Casualty and Surety Company of America, Plaintiff-Appellee/Cross-Appellant (99-3005), v. LEAHEY CONSTRUCTION COMPANY, INC., et al., Defendants, KeyBank National Association (Ohio) and Edward Donnelly, Defendants-Appellants (98-4545)/Cross-Appellees, Mark J. Elmore and Mark J. Elmore, C.P.A., Inc., Defendants-Appellees/CrossAppellants (99-3006).

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 13, 2000.

Attorney(s) appearing for the Case

James F. Koehler (briefed), Timothy J. Fitzgerald (argued and briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Plaintiff-Appellee Cross-Appellant.

Patrick F. Haggerty (briefed), Daniel R. Warren (argued and briefed), Toni J. Querry (briefed), Thompson, Hine & Flory, Cleveland, OH, for Defendants-Appellants Cross-Appellees.

Mark H. Ludwig (argued and briefed), Cole Company, Akron, OH, William T. Rini, Carlisle, McNellie & Rini, Cleveland, OH, for Defendants-Appellees Cross-Appellantss.

Before: NORRIS and GILMAN, Circuit Judges; HOOD, District Judge.

OPINION

GILMAN, Circuit Judge.

Aetna Casualty and Surety Company, now known as Travelers Casualty and Surety Company of America (Travelers), alleges that the defendants engaged in a scheme to defraud Travelers in connection with its issuance of certain surety bonds. Specifically, Travelers contends that Patrick Leahey, a principal owner of both Leahey Construction Company, Inc. (LCC) and Leahey General Contracting and Management Corporation (LGC & M...

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