WINSTON CORPORATION v. CONTINENTAL CASUALTY CO.

No. 73-1886.

508 F.2d 1298 (1975)

The WINSTON CORPORATION, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

January 17, 1975.


Attorney(s) appearing for the Case

John C. McDonald, Robert J. Sidman, Mayer, Tingley, Hurd & Emens, William A. Morse, Columbus, Ohio, for plaintiff-appellant.

John L. Miller, McNamara & McNamara, John J. Petro, Columbus, Ohio, for defendant-appellee.

Before WEICK and McCREE, Circuit Judges, and CONTIE, District Judge.


McCREE, Circuit Judge.

This is an appeal from a judgment in a diversity action for defendant-appellee on a performance and payment bond executed by Continental Casualty Company, as surety, in favor of appellant, The Winston Corporation, as obligee. The parties agree that Georgia law applies.

The facts of the case are virtually undisputed. In 1967, Diversified Engineering and Sales Corporation (Diversified) agreed to build for The Winston Corporation (Winston...

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