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WALTON GENERAL CONTRACTORS v. CHICAGO FORMING

Nos. 96-1028, 96-1324 and 96-1326.

111 F.3d 1376 (1997)

WALTON GENERAL CONTRACTORS, INC./Malco Steel, Inc., Appellant, v. CHICAGO FORMING, INC.; Peerless Insurance Company, Appellees. CHICAGO FORMING, INC., Third Party Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third Party Defendant. WALTON GENERAL CONTRACTORS, INC./MALCO STEEL, INC., Appellee, v. CHICAGO FORMING, INC., Appellant, Peerless Insurance Company, Appellee. CHICAGO FORMING, INC., Third Party Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third Party Defendant-Appellee. WALTON GENERAL CONTRACTORS, INC./MALCO STEEL, INC., Appellee, v. CHICAGO FORMING, INC., Appellee, Peerless Insurance Company, Appellant. CHICAGO FORMING, INC., Third Party Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1997.

Attorney(s) appearing for the Case

Stephen R. Miller (argued), Weston A. Sechtem, on the brief, Kansas City, MO, for appellant.

Bernard L. Balkin (argued), Keith Whitten, on the brief, Kansas City, MO, for appellee Peerless Ins.

Vincent Francis O'Flaherty (argued), Kevin E. Glynn and Michael K. Sears, on the brief, Kansas City, MO, for appellee Chicago Forming.

Before WOLLMAN, BRIGHT and MURPHY, Circuit Judges.

BRIGHT, Circuit Judge.

These appeals bring to this court a dispute between a contractor (Walton General Contractors, Inc./Malco Steel, Inc.), its subcontractor (Chicago Forming, Inc.), and the subcontractor's surety (Peerless Insurance Company). Initially, the contractor claimed that the subcontractor's delayed and defective performance caused the general contractor damages in excess of the agreed amount remaining due and owing under the subcontract, $352,408. The...

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