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DEL HUR, INC. v. NATIONAL UNION FIRE INS. CO.

No. 95-35571.

94 F.3d 548 (1996)

DEL HUR, INC., d/b/a/ Angeles Concrete Productions, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a Pennsylvania Corp. authorized to do business in the State of Washington, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1996.

Attorney(s) appearing for the Case

Charles C. Flower and Patrick Andreotti, Flower & Andreotti, Yakima, Washington, for defendant-appellant.

David M. Bendell, Sequim, Washington, for plaintiff-appellee.

Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges.

ALARCON, Circuit Judge:

Del Hur, Inc. ("Del Hur") filed this action in the district court to enforce the terms of a performance and payment bond. The district court denied the National Union Fire Insurance Company of Pittsburgh, Pennsylvania's ("National Union") motion that dismissal of this action was compelled because of a lack of federal court jurisdiction over an action to enforce a performance and payment bond. National Union contends that the district court...

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