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HARDAWAY CO. v. AMWEST SUR. INS. CO.

No. 92-8153.

15 F.3d 172 (1994)

The HARDAWAY COMPANY, Plaintiff-Counter-Defendant-Appellant, v. AMWEST SURETY INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1994.

Attorney(s) appearing for the Case

Steven Elliot Scheer, Savannah, GA, Geoffrey Johnson, Frederick P. Alimoti, Saddle River, NJ, for appellant.

Roy E. Paul, Bouhan Williams & Levy, Savannah, GA, David Jason Merbaum, Jefferson B. Slagle, Thompson & Slagle, Norcross, GA, for appellee.

Before ANDERSON, DUBINA and BLACK, Circuit Judges.

PER CURIAM:

In this construction case involving the bonded performance of a now defunct subcontractor, B & F Contractors, Inc. ("B & F"), the plaintiff prime contractor, Hardaway Company ("Hardaway"), appeals the district court's grant of summary judgment to the defendant surety company, Amwest Surety Insurance Company ("Amwest"). The district court found that Hardaway's release of its claims against B & F terminated Hardaway's rights against Amwest as...

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