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AMWEST SUR. INS. CO. v. U.S.

No. 3:92CV0221 (PCD).

870 F.Supp. 432 (1994)

AMWEST SURETY INSURANCE COMPANY v. UNITED STATES of America.

United States District Court, D. Connecticut.

September 26, 1994.

Attorney(s) appearing for the Case

Matthew M. Horowitz, Wolf, Horowitz & Thayer, Hartford, CT, for plaintiff.

Carl J. Schuman, U.S. Attorney's Office, Hartford, CT and John V. Cardone, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant.

RULING ON CROSS MOTION FOR SUMMARY JUDGMENT

DORSEY, Chief Judge.

Cross motions for summary judgment are pending in this case. Plaintiff, as surety for SMP Developers, Inc., was obliged to perform on its bond when SMP defaulted in the performance of its contract with Credo Housing Development Corporation. Amwest has made payments of $87,199.89. The Internal Revenue Service (IRS) assessed SMP for unpaid taxes and filed liens therefor. It subsequently...

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