McQUEEN CONTRACTING v. FIDELITY & DEPOSIT CO.

No. 87-4871.

863 F.2d 1216 (1989)

McQUEEN CONTRACTING, INC., Plaintiff-Appellee Cross-Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1989.


Attorney(s) appearing for the Case

David W. Mockbee, Walker W. Jones, III, Eugene R. Preaus, Phelps, Dunbar, Marks, Claverie & Sims, Jackson, Miss., for defendant-appellant-cross-appellee.

Robert C. Williamson, Jr., Luther S. Ott, Jackson, Miss., for plaintiff-appellee-cross-appellant.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


THORNBERRY, Circuit Judge:

This diversity case involves several questions of Mississippi law. The primary issue is whether a subcontractor is entitled to recover under a performance bond in addition to recovering under a separate, simultaneously executed payment bond. We hold that recovery is limited to the terms of the payment bond and, in doing so, reverse the district court's ruling on this issue and affirm the judgment in all other respects.

I.

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