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MILWAUKEE MET. SEWERAGE v. FIDELITY & DEPOSIT CO.

No. 94-1896.

56 F.3d 821 (1995)

MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, a special purpose Wisconsin municipal, Plaintiff-Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Michael J. McCabe, Robert Crawford (argued), Milwaukee Metropolitan Sewerage Dist., Legal Services, Milwaukee, WI, for Milwaukee Metropolitan Sewerage Dist.

Gerald J. Mayhew, Trebon & Polsky, Douglas J. Carroll (argued), Eric J. Goelz, O'Neill, Schimmel, Quirk & Carroll, Milwaukee, WI, for Fidelity & Deposit Co. of Maryland.

Before CUMMINGS, CUDAHY and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

The Milwaukee Metropolitan Sewerage District sued Fidelity and Deposit Co., the surety on a performance bond, seeking to recover for damage caused by the failure of an odor control system. The district court granted summary judgment in favor of Fidelity, concluding that the action was time-barred. We affirm.

I.

In February of 1984, the Milwaukee Metropolitan Sewerage District (the District) solicited bids from contractors interested...

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