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FIREMAN'S FUND INSURANCE COMPANY v. LESLIE & ELLIOTT COMPANY, INC.

No. 723, Docket 88-7821.

867 F.2d 150 (1989)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellee, v. LESLIE & ELLIOTT COMPANY, INC., a/k/a Leslie & Elliott Co., Leslie & Elliott Constructions Inc., Melvin Garfinkel, John P. Minogue, Defendants, Leslie & Elliott Company, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 7, 1989.

Attorney(s) appearing for the Case

Matthew M. Horowitz, Hartford, Conn. (Jacob Wieselman, Blume & Elbaum, Hartford, Conn., of counsel), for plaintiff-appellee.

Douglas L. Patin, Washington, D.C. (Marc S. Zweben, Kilcullen, Wilson & Kilcullen, Washington, D.C., of counsel), for defendant-appellant.

Before KAUFMAN, TIMBERS and CARDAMONE, Circuit Judges.

PER CURIAM:

In 1984 appellant Leslie & Elliott Co., Inc. (Leslie & Elliott) was awarded a construction contract by the State of Connecticut. It guaranteed performance by obtaining a performance bond from Fireman's Fund Insurance Co. (Fireman's Fund), which thereby became a surety on the contract, with a right of indemnification against appellant. When Connecticut terminated appellant's contract, it called upon Fireman's Fund for payment of its performance...

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