UNITED STATES FID. & GUAR. CO. v. HOUSING A. OF TOWN OF BERWICK

No. 75-3848.

557 F.2d 482 (1977)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff-Appellant, v. HOUSING AUTHORITY OF THE TOWN OF BERWICK, Defendant, Hibernia National Bank of New Orleans, Intervenor, Martin-Lebreton Insurance Agency, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.


Attorney(s) appearing for the Case

A. Morgan Brian, Jr., New Orleans, La., for plaintiff-appellant.

Russell M. Cornelius, New Orleans, La., for defendant.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.


WISDOM, Circuit Judge:

This appeal concerns a dispute over the retained contract funds of two companion public construction projects. The parties are the surety (plaintiff-appellant) on the prime contractor's statutory performance and payment bonds on both projects, and the contractor's insurance agency as a conventional assignee of a portion of the contractor's rights to the retained funds on only one of the projects. We hold for the surety, and reverse the district...

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