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K-W INDUSTRIES v. NATIONAL SUR. CORP.

No. 86-3778.

855 F.2d 640 (1988)

K-W INDUSTRIES, A DIVISION OF ASSOCIATES TECHNOLOGIES, LTD., a corporation, Plaintiff-Appellant, v. NATIONAL SURETY CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 8, 1987.

Resubmitted May 20, 1988.

Decided August 29, 1988.

Attorney(s) appearing for the Case

Alexander (Zander) Blewett, III, Hoyt & Blewett, Great Falls, Mont., for plaintiff-appellant.

Robert J. Phillips, Snavely & Phillips, Missoula, Mont., for defendant-appellee.

Before FLETCHER and NORRIS, Circuit Judges, and LYNCH, District Judge.

NORRIS, Circuit Judge:

Appellee National Surety Corporation ("National") was the surety on a payment bond executed in compliance with the Miller Act, 40 U.S.C. § 270a, et seq., guaranteeing payment to suppliers of labor and materials for a federal construction project at Fort Peck, Montana. Appellant K-W Industries ("K-W") alleges that after the general contractor refused to pay for materials K-W delivered for use on the Fort Peck project, K-W made a claim...

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