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SAFECO INS. CO. v. CITY OF WHITE HOUSE, TENN.

No. 93-5898.

36 F.3d 540 (1994)

SAFECO INSURANCE COMPANY of America, Plaintiff-Appellant, v. CITY OF WHITE HOUSE, TENNESSEE, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1994.

Rehearing and Suggestion for Rehearing Denied November 10, 1994.

Attorney(s) appearing for the Case

Alfred H. Knight (argued and briefed), Alan D. Johnson (briefed), Willis & Knight, Nashville, TN, for plaintiff-appellant.

Charles H. Warfield, Farris, Warfield & Kanaday, Nashville, TN, Robb S. Harvey (argued and briefed), Tuke, Yopp & Sweeney, Nashville, TN, for defendant-appellee.

Before: KENNEDY, RYAN, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 10, 1994.

RYAN, Circuit Judge.

In this declaratory judgment action, Safeco Insurance Company of America appeals summary judgment holding it liable as surety on a performance bond for damages incurred by the City of White House, Tennessee, resulting from Eatherly Construction Company's alleged breach of a construction contract. In this appeal, we must decide whether the district court properly exercised...

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