COM. OF KY., UNITED PAC. INS. CO. v. LAUREL COUNTY

Nos. 85-5498, 85-5499.

805 F.2d 628 (1986)

COMMONWEALTH OF KENTUCKY for the Benefit of UNITED PACIFIC INSURANCE COMPANY and United Pacific Insurance Company, Plaintiffs-Appellees, v. LAUREL COUNTY and Laurel County Fiscal Court, Defendants and Third Party Plaintiffs-Appellants. LAUREL COUNTY BOARD OF EDUCATION, Defendant-Appellant, v. UNITED STATES of America, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1986.


Attorney(s) appearing for the Case

Thomas H. Glover, argued, Hays, Moss and Lynn, Lexington, Ky., Elmer Cunnagin, Jr., Cunnagin & Cunnagin, London, Ky., for Laurel County and Laurel County Fiscal Court.

Thomas E. Meng, argued, Lexington, Ky., for Com. of Kentucky, and United Pacific Ins.

Roger M. Olsen, Tax Div., Dept. of Justice, Washington, D.C., William S. Estabrook, John A. Dudeck, Jr., for U.S.

Glenn L. Archer, Jr., Tax Div., Dept. of Justice, Washington, D.C., for amicus curiae.

William G. Crabtree, argued, London, Ky., for Laurel County Bd. of Educ.

Before LIVELY, Chief Judge; and WELLFORD and BOGGS, Circuit Judges.


WELLFORD, Circuit Judge.

Defendants Laurel County, Laurel County Fiscal Court, and Laurel County Board of Education (collectively, the "county agencies") appeal from an order of the district court granting plaintiff United Pacific Insurance Company (United Pacific), a performance and payment bond surety on a public construction project, summary judgment on its claim for funds payable under the construction contract. Defendant Laurel County Fiscal Court paid these...

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