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U.S. v. FIDELITY AND DEPOSIT CO.

No. 92-2807.

10 F.3d 1150 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY, etc., et al., Defendants, Fidelity and Deposit Company of Maryland, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 7, 1994.

Attorney(s) appearing for the Case

Stephen W. Schueler, Linda D. King, Winstead, Sechrest & Minick, Houston, TX, for defendant-appellant.

Thomas M. Herrin, U.S. Dept. of Justice, Tax Div., Dallas, TX, Gary R. Allen, Chief Appellate Sect., John A. Dudeck, Jr., Jonathan S. Cohen, Linda E. Mosakowski, Tax Div., Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before JOHNSON, WIENER, and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellee the United States of America (the government) sued Defendant-Appellant Fidelity and Deposit Co. of Maryland ("Fidelity") to collect on two bonds issued by Fidelity, one of which was issued in 1984 and the other in 1986. These bonds provided, inter alia, that Fidelity was surety for the payment of excise taxes by a distillery, the Bay River Company ("Bay River"). After the United States...

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