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RELIANCE INS. CO. v. U.S. BANK OF WASHINGTON, N.A.

No. 95-35872.

143 F.3d 502 (1998)

RELIANCE INSURANCE CO., a Pennsylvania Corporation, Plaintiff-Appellee, v. U.S. BANK OF WASHINGTON, N.A., a National Banking Association, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1998.

Attorney(s) appearing for the Case

John C. Merkel, Caine McLaughlin, P.S., Seattle, WA, for plaintiff-appellee.

Peter S. Holmes, Miller, Nash, Wiener, Hager & Carlsen, Seattle, WA, for defendant-appellant.

Before: NOONAN, THOMPSON and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This is a dispute between a bank and a surety over which of them gets a government payment into a defaulting contractor's bank account.

FACTS

The case was adjudicated on cross motions for summary judgment. The facts below are those set out in affidavits, stipulations, and other materials as to which there is no dispute.

Kruse Construction got a government contract to improve a Coast Guard station at Cape Disappointment...

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