FELTON, Chief Judge.
There appearing no default by the subcontractor, the surety's liability for the fees and expenses sued for must arise, if at all, under the contractual provision,". . . on account of claims against the contractor or subcontractor by third parties arising out of matters covered in this Subcontract. . ." (Emphasis supplied.)
Black's Law Dict., 4th Ed., defines "third parties" as follows: "A term used to include all persons who are...
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