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STATE v. UNITED STATES FID. & GUAR. CO.

221 A.D.2d 849 (1995)

633 N.Y.S.2d 878

State of New York, Appellant-Respondent, v. United States Fidelity and Guaranty Company, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 22, 1995

Casey, J.

Plaintiff commenced this action to recover on a performance bond issued by defendant to Colebrook Farms, Inc., a company that contracted with plaintiff to produce prepared foods by processing raw food ingredients donated by the Federal government for school lunch programs. It is undisputed that defendant is liable to plaintiff as a matter of law under the performance bond for the value of the actual...

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