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ELM HAVEN CONST. LTD. v. NERI CONST. LLC

No. 03-7967.

376 F.3d 96 (2004)

ELM HAVEN CONSTRUCTION LIMITED PARTNERSHIP, Plaintiff-Counter-Defendant-Appellant, v. NERI CONSTRUCTION LLC., et al., Defendant-Counterclaim-Plaintiff-Third-Party-Plaintiff, and United States Fidelity And Guaranty Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 23, 2004.

Attorney(s) appearing for the Case

Jennifer A. Osowiecki, Pepe & Hazard LLP, Hartford, Connecticut, for Plaintiff-Counter-Defendant-Appellant.

James V. Somers, (Dennis C. Cavanaugh, Robert M. Barrack, Peter E. Striniste, Jr., on the brief) Halloran & Sage LLP, Hartford, Connecticut, for Defendant-Appellee.

Before: WALKER, Chief Judge, WINTER, and JACOBS, Circuit Judges.

WINTER, Circuit Judge.

Elm Haven Construction L.P. ("Elm Haven") appeals from Judge Goettel's grant of summary judgment to United States Fidelity and Guaranty Company ("USF & G") on Elm Haven's claims against Performance and Payment Bonds issued by USF & G. The district court held that USF & G was not liable on the Performance Bond because Elm Haven failed, as required by the bond, to declare a default and to allow...

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