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TRANSAMERICA INS. CO. v. CITY OF KENNEWICK

Nos. 84-4308, 84-4309.

785 F.2d 660 (1986)

TRANSAMERICA INSURANCE COMPANY, a California corporation, Plaintiff/Appellant/Cross-Appellee, v. CITY OF KENNEWICK, a municipal corporation of the State of Washington, Defendant/Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1986.

Designated for Publication March 27, 1986.

Attorney(s) appearing for the Case

Ladd B. Leavens, Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for plaintiff/appellant/cross-appellee.

William L. Cameron, Kennewick, Wash., for defendant/appellee/cross-appellant.

Before WRIGHT, CANBY and WIGGINS, Circuit Judges.

PER CURIAM:

Transamerica Insurance Company ("Transamerica") and the City of Kennewick, Washington ("City") both appeal a $29,649.49 judgment for Transamerica in its suit against the City for monies due under a surety agreement. We affirm.

Transamerica brought this diversity action against the City to recoup overpayments the City had made to K & C Diversified Construction, Inc. ("K & C"). K & C and the...

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