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CHOCTAW GENERATION LTD. v. AMERICAN HOME ASSUR.

Docket No. 01-7899.

271 F.3d 403 (2001)

CHOCTAW GENERATION LIMITED PARTNERSHIP, Plaintiff-Appellee, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 16, 2001.

Attorney(s) appearing for the Case

Jeffrey Gilmore, Wickwire Gavin, P.C., Vienna, VA, Cowan, Liebowitz & Latman, P.C., (Michael F. Maschio and Susan Schick, on the brief), for Plaintiff-Appellee.

Mark Friedman, Debevoise & Plimpton, New York, N.Y. (David W. Rivkin and Mark W. Friedman, on the brief), for Defendant-Appellant.

Before: FEINBERG, JACOBS, and CABRANES, Circuit Judges.

JACOBS, Circuit Judge.

The expedited appeal in this diversity case concerns an $81 million surety bond issued by defendant-appellant American Home Assurance Co. ("American Home") to secure performance under a construction contract pursuant to which (non-party) Bechtel Power Co. ("Bechtel") is building an innovative power-generation facility for the owner, plaintiff-appellee Choctaw Generation Limited Partnership ("Choctaw"). Provisional acceptance of the power-generation...

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