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BASIC ASPHALT & CONST. CORP. v. PARLIAMENT INS. CO.

No. 75-1482.

531 F.2d 702 (1976)

BASIC ASPHALT AND CONSTRUCTION CORPORATION, Plaintiff-Appellant, v. PARLIAMENT INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellee, v. WARD RIDGE CONSTRUCTION CO., INC., et al., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

May 12, 1976.

Attorney(s) appearing for the Case

R. L. Russell, Orlando, Fla., for plaintiff-appellant.

Jeffry R. Jontz, Stephen A. Weinstein, Orlando, Fla., for Parliament Ins. Co.

Before DYER, CLARK and GEE, Circuit Judges.

DYER, Circuit Judge:

In this Florida diversity case the sole issue presented by this appeal is whether a compensated surety is automatically discharged by an extension of time to the debtor without the consent of the surety. The district court granted summary judgment for the surety. We disagree and reverse.

Basic Asphalt contracted with Ward Ridge, the prime contractor, to pave a road on land being developed by Treeshore, Inc. in Florida. Parliament was the...

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