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McWANE, INC. v. FIDELITY & DEPOSIT CO. OF MARYLAND

Nos. 02-4152, 02-4225.

372 F.3d 798 (2004)

McWANE, INC., Plaintiff-Appellant/Cross-Appellee, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant-Appellee/Cross-Appellant, Grooms Construction Company, Inc.; Highland County Water Company, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2004.

Attorney(s) appearing for the Case

Daniel F. Gourash (argued and briefed), David Andrew Bell (briefed), Porter, Wright, Morris & Arthur, Cleveland, OH, Mark E. Elsener, Porter, Wright, Morris, & Arthur, Cincinnati, OH, Michael John Montgomery (briefed), Zeiger, Tiggs, Little & Lindsmith, Columbus, OH, for Appellant.

William H. Woods (argued and briefed), Dennis D. Liston (briefed), McNamara & McNamara, Columbus, OH, for Appellee.

Before: KRUPANSKY and GILMAN, Circuit Judges; RUSSELL, District Judge.

OPINION

KRUPANSKY, Circuit Judge.

This appeal involves a contract dispute between appellant/cross-appellee McWane, Inc., through its Clow Water Systems Company Division ("McWane"), and appellee/cross-appellant Fidelity & Deposit Company of Maryland ("F&D"), regarding F&D's denial of McWane's claim on a payment bond ("Bond"), issued by F&D as surety to the general contractor Grooms Construction Co., Inc. ("Grooms"), on a water-main project...

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