MONTGOMERY COUNTY v. MICROVOTE CORP.

Nos. 01-2998, 01-2999.

320 F.3d 440 (2003)

MONTGOMERY COUNTY v. MICROVOTE CORPORATION; Carson Manufacturing Company, Inc.; Westchester Fire Insurance Co., Inc. WESTCHESTER FIRE INSURANCE COMPANY, Appellant Microvote Corporation; Carson Manufacturing Company, Inc.; Westchester Fire Insurance Co., Inc. Microvote Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 26, 2003.


Attorney(s) appearing for the Case

John M. Elliott, Timothy T. Myers (Argued), Meredith T. Shepherd, Elliott Reihner Siedzikowski & Egan, P.C., Blue Bell, PA, for Appellee.

John R. Price (Argued), John R. Price & Associates, Indianapolis, IN, Robert T. Carlton, Jr. (Argued), Ellisworth, Carlton, Mixell & Waldman, P.C., Wyomissing, PA, for Appellant.

Before BECKER, Chief Judge, ROTH and ROSENN Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

Carson Manufacturing Company, Inc., and Microvote Corporation sold an electronic voting system to Montgomery County, Pennsylvania. Pursuant to the sales contract, Microvote obtained a performance bond from Westchester Fire Insurance Company, Inc. The voting system malfunctioned in the November 1995 general election and the April 1996 primary election. As a result, the County filed a six count diversity action, alleging...

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