FIREMAN'S FUND INS. CO. v. DEPARTMENT OF TRANSP.

No. 85-3309.

792 F.2d 1373 (1986)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, STATE OF LOUISIANA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 2, 1986.


Attorney(s) appearing for the Case

Jay H. Kern, Simon, Peragine, Smith & Redfearn, H. Bruce Shreves, New Orleans, La., for plaintiff-appellant.

James B. Frederick Jr., Sr., Asst. Gen. Counsel, Dept. of Trans. & Dev., Baton Rouge, La., for Dept. of Transp.

Brian J. Waid, Buras, La., for Frierson's Elec. Service Co., Inc., et al.

Before WILLIAMS, GARWOOD and JONES, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Appellant, Fireman's Fund Insurance Company, brought suit against the Louisiana Department of Transportation and Development to rid itself of an obligation under a bond which it had furnished to a private company contracting with the Department for highway bridge repair work. The suit was brought under federal diversity jurisdiction. 28 U.S.C. § 1332(a)(1). The district court dismissed the suit under the Department's claim of...

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