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A. J. KELLOS CONST. CO. v. BALBOA INS. CO.

No. 79-2504 Summary Calender.

661 F.2d 402 (1981)

A. J. KELLOS CONSTRUCTION COMPANY, Plaintiff-Appellee, v. BALBOA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

November 16, 1981.

Attorney(s) appearing for the Case

DeWitte Thompson, Atlanta, Ga., for defendant-appellant.

Jessee, Ritchie & Duncan, Jeffrey L. Sakas, Michael A. Kessler, Atlanta, Ga., for plaintiff-appellee.

Before HILL, GARZA and THOMAS A. CLARK, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The sole issue raised in this appeal is whether notice to sue is timely given pursuant to Ga.Code Ann. § 103-2051 when it is given after a principal has been declared in default of its obligations under a construction contract, but before the amount of damages is known. We find that such notice is timely and, for the reasons stated below, reverse the ruling of the District Court.

Appellee, A....

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