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FMI CONTRACTING CORP. v. FEDERAL INS. CO.

No. 2-91-033-CV.

829 S.W.2d 907 (1992)

FMI CONTRACTING CORPORATION, Appellant, v. FEDERAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 2, 1992.

Attorney(s) appearing for the Case

Canterbury, Stuber, Elder & Gooch, P.C., and Bentley C. Kelly, III, Dallas, for appellant.

Winstead Sechrest & Minick, P.A., and Michelle I. Bennet Rieger, Dallas, Brown, Herman, Scott, Dean & Miles, and Richard W. Wiseman, Fort Worth, for appellee.

Before JOE SPURLOCK, II, HILL and FARRIS, JJ.

OPINION

FARRIS, Justice.

FMI Contracting Corporation (FMI) appeals an order dismissing its suit against Federal Insurance Company (FIC) because of lack of jurisdiction over the subject matter of the suit. FIC had issued a performance and payment bond to Walker Construction Company (Walker) the general contractor under a contract providing that Walker was to build improvements on property, known as Air Force Plant No. 4, owned by the United States. FMI sued...

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