ROUSE CONST., INC. v. TRANSAMERICA INS.

Nos. 83-8548, 83-8679.

750 F.2d 1492 (1985)

ROUSE CONSTRUCTION, INC., Plaintiff-Appellee, v. TRANSAMERICA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 21, 1985.


Attorney(s) appearing for the Case

John V. Burch, Jon McPhail, Atlanta, Ga., for defendant-appellant.

Rodney C. Jones, Jennifer L. Wheatley, Atlanta, Ga., for plaintiff-appellee.

Before RONEY and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.


LEWIS R. MORGAN, Senior Circuit Judge:

Rouse Construction Company, the general contractor of a construction project in Mississippi, subcontracted the excavation and concrete work on the job to I.P. Sarullo Enterprises, Inc. Pursuant to the requirements of the subcontract, Sarullo obtained from Transamerica Insurance Company a subcontract performance bond running in favor of Rouse. Sarullo soon defaulted on the subcontract. Despite notice from Rouse, Transamerica failed...

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