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RAMADA DEVELOPMENT CO. v. U. S. FID. & GUARANTY CO.

Nos. 79-1076, 79-1077.

626 F.2d 517 (1980)

RAMADA DEVELOPMENT COMPANY, a corporation, Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 10, 1980.

Attorney(s) appearing for the Case

Merle R. Jenkins, Jenkins, Nystrom & Sterlacci, Southfield, Mich., for appellant, cross appellee.

John B. Kiefer, Kiefer, Allen & Cavanagh, Detroit, Mich., for appellee, cross appellant.

Before LIVELY and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

KEITH, Circuit Judge.

Plaintiff-Appellant Ramada Development Company (hereinafter "Radco"), appeals from the judgment of the district court discharging the defendant Surety, United States Fidelity & Guaranty Company (USF&G), pro tanto, for payments made by Radco to its electrical subcontractor (Mays Electric, Inc.) for work that Radco knew had not been completed by the subcontractor. Radco argues on appeal that the discharge was improper because: 1) the payments...

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