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E.H. GILMORE, INC. v. U.S. FIDELITY AND GUAR. CO.

No. 88-3473 Summary Calendar.

863 F.2d 9 (1989)

E.H. GILMORE, INC., Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1989.

Attorney(s) appearing for the Case

Sally S. Gilmore, Metairie, La., for plaintiff-appellant.

Lloyd N. Shields, Paul J. McMahon, III, New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

Plaintiff E.H. Gilmore filed suit against the United States Fidelity Guaranty Company (USF & G) to collect on a bond issued by USF & G as surety for Landis Construction Company. The district court granted USF & G's motion for summary judgment on the basis of prescription and Gilmore appealed. We affirm.

I. FACTS AND PROCEDURAL HISTORY

Landis Construction Company (Landis) was engaged as a general contractor for...

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