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WESTCOTT CONST. v. FIREMEN'S FUND OF NEW JERSEY

No. 93-1011.

996 F.2d 14 (1993)

WESTCOTT CONSTRUCTION CORP., Plaintiff, Appellant, v. FIREMEN'S FUND OF NEW JERSEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 25, 1993.

Attorney(s) appearing for the Case

Peter Lawson Kennedy with whom Adler Pollock & Sheehan Incorporated, Providence, RI, was on brief, for plaintiff, appellant.

Shelia High King with whom Bert J. Capone, Michael P. Duffy and Peabody & Arnold, Boston, MA, were on brief, for defendant, appellee.

Before TORRUELLA, Circuit Judge, OAKES, Senior Circuit Judge, and CYR, Circuit Judge.

OAKES, Senior Circuit Judge.

Westcott Construction Co. ("Westcott") appeals from an order of the United States District Court for the District of Rhode Island, Francis J. Boyle, Judge, denying Westcott's motion for summary judgment and granting defendant Firemen's Insurance ("Firemen's") cross-motion for summary judgment. Westcott sought to enforce the terms of a performance bond executed by Firemen's on behalf of Westcott's subcontractor, Crouse Combustion...

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