PA. NAT. MUT. CAS. INS. CO. v. PINE BLUFF

No. 02-3600, 02-3646, 02-3735.

354 F.3d 945 (2004)

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a Pennsylvania Corporation, Plaintiff/Appellant, Cannon Contracting, Inc., Intervenor Plaintiff, v. CITY OF PINE BLUFF, Defendant/Appellee, David Mitchell Construction, Inc.; David R. Mitchell; Theresa Mitchell; Karl F. Dix, Jr.; Pine Bluff National Bank; Nobel Insurance Company, Defendants. Surety Association of America, Amicus on Behalf of Appellant. Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Plaintiff, Cannon Contracting, Inc., Intervenor Plaintiff/Appellant, v. City of Pine Bluff, Defendant/Appellee, David Mitchell Construction, Inc.; David R. Mitchell; Theresa Mitchell; Karl F. Dix, Jr.; Pine Bluff National Bank; Nobel Insurance Company, Defendants. Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Plaintiff/Appellee, Cannon Contracting, Inc., Intervenor Plaintiff/Appellee, v. City of Pine Bluff, Defendant/Appellant, David Mitchell Construction, Inc.; David R. Mitchell; Theresa Mitchell; Karl F. Dix, Jr.; Pine Bluff National Bank; Nobel Insurance Company, Defendants. Surety Association of America, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 15, 2004.

Rehearing and Rehearing Denied: February 24, 2004.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Gary A. Wilson of Philadelphia, PA. Also appearing on appellant's brief were Salil P. Patel of Philadelphia and Bettina E. Brownstein.

Counsel who presented argument on behalf of the appellee was David M. Donovan of Little Rock, AR.

Before WOLLMAN, BOWMAN, and RILEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied: February 24, 2004.

WOLLMAN, Circuit Judge.

In this suretyship case, the City of Pine Bluff, Arkansas (City), and Pennsylvania National Mutual Casualty Insurance Company (Penn National) cross-appeal the district court's findings regarding the contours of equitable subrogation, suretyship, and municipal immunity in Arkansas. We conclude that the City must reimburse Penn National for the losses it suffered after the City...

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