USF & G v. WEST POINT CONST. CO., INC.

No. 87-7160.

837 F.2d 1507 (1988)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Plaintiff-Appellant, v. WEST POINT CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 22, 1988.


Attorney(s) appearing for the Case

M. Clay Ragsdale, IV, Starnes & Atchison, Birmingham, Ala., for plaintiff-appellant.

J. Littleton Glover, Jr., Glover & Davis, Edwin Vickers Gartin, Newnan, Ga., for defendant-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and MOORE, District Judge.


PER CURIAM:

The primary issue on appeal is whether United States Fidelity and Guaranty Company ("USF & G") is bound to submit to arbitration by virtue of the fact that the performance bond which it issued incorporated by reference the underlying subcontract which in turn contained an arbitration clause. The district court held that USF & G was bound to arbitrate. USF & G appeals. We affirm.

West Point Construction Company, Inc., the defendant-appellee...

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