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WESTERN SUR. CO. v. LUMS OF CRANSTON, INC.

No. 79-1409.

618 F.2d 854 (1980)

WESTERN SURETY COMPANY, Plaintiff, Appellee, v. LUMS OF CRANSTON, INC., et al., Defendants, Appellees. WESTERN SURETY COMPANY v. BOYDCO, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 19, 1980.

Attorney(s) appearing for the Case

Girard R. Visconti and Abedon & Visconti, Ltd., Providence, R. I., were on brief, for defendant, appellant.

Richard L. Neumeier and Parker, Coulter, Daley & White, Boston, Mass., were on brief for plaintiff, appellee Western Sur. Co.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This appeal involves an unorthodox attempt by the representative of a losing defendant class to recover attorneys fees from the prevailing plaintiff. Plaintiff Western Surety Company brought a lawsuit in federal district court seeking a declaration that a contractor's bond issued in its name had been forged. Attempting to free itself from claims by all subcontractors, Western Surety had the subcontractors certified as a defendant class. Counsel...

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