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WAY v. RELIANCE INS. CO.

No. 88-4895.

884 F.2d 866 (1989)

Herbie WAY, and Sandy Way, Plaintiffs-Appellees, v. RELIANCE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 5, 1989.

Attorney(s) appearing for the Case

Murphy J. Foster, III, Breazeale, Sachse & Wilson, Baton Rouge, La., for defendant-appellant.

David A. Hughes, Gist, Methvin, Hughes & Munsterman, Alexandria, La., for Way.

Before POLITZ, DAVIS and DUHE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In this diversity case governed by Louisiana law, Reliance Insurance Company (Reliance) appeals a judgment the district court entered against it on a performance bond. We conclude that Reliance's offer to issue a bond guaranteeing a contractor's performance was never accepted and Reliance was never bound on the bond. We therefore reverse.

I.

Herbie and Sandy Way hired a contractor, Craftbilt, Inc., to build their home...

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