BANKE, Chief Judge.
Dependable Insurance Company, Inc., issued a performance bond guaranteeing the faithful performance of M-Pax, Inc., d/b/a Advance Builders, in carrying out a contract for the construction of a restaurant for Cindy's, Inc., which is not a party to the present proceedings. Subsequent to the completion of the restaurant, a portion of the building collapsed, prompting Cindy's to file suit against M-Pax on the construction contract and against Dependable...
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