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ANSTALT v. F.I.A. INS. CO.

No. 83-5927.

749 F.2d 175 (1984)

Mitacon ANSTALT and Societe Choron Internationale v. F.I.A. INSURANCE COMPANY, Northeastern Fire Insurance Company of Pennsylvania, and Union Indemnity Insurance Company of New York. NORTHEASTERN FIRE INSURANCE COMPANY OF PENNSYLVANIA, Defendant-Third Party Plaintiff, v. BONANZA REFINING INTERNATIONAL COMPANY, Third Party Defendant. and F.I.A. INSURANCE COMPANY, Defendant-Third Party Plaintiff, v. BONANZA REFINING INTERNATIONAL COMPANY and Community Funeral Home Inc., Third Party Defendant. Appeal of FIRST INDEMNITY OF AMERICA INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided December 6, 1984.

Attorney(s) appearing for the Case

John J. Rush, John J. Rush, P.A., East Orange, N.J., Don H. Pace, Baker & Hostetler, Cleveland, Ohio, for appellant.

Carl Greenberg, David J. Reich, Porzio, Bromberg & Newman, Morristown, N.J., for Mitacon Anstaldt et al.

Before SLOVITER and BECKER, Circuit Judges, and FULLAM, District Judge.

Submitted Under Third Circuit Rule 12(6) July 19, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this diversity action we must predict whether, under New Jersey law, a surety which guaranteed the performance of a seller of goods by issuing a bond for the benefit of the buyer remains liable when the parties to the underlying contract substitute a different buyer. The district court entered summary judgment in favor of the buyer on the issue...

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