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SEABOARD SUR. CO. v. TOWN OF GREENFIELD

No. 03-1453.

370 F.3d 215 (2004)

SEABOARD SURETY COMPANY, Plaintiff, Appellee, v. TOWN OF GREENFIELD, acting by and through the GREENFIELD MIDDLE SCHOOL BUILDING COMMITTEE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Wendy Sibbison, for appellant.

Thomas H. Hayman, with whom Bert J. Capone and Cetrulo & Capone LLP, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and LISI, District Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant Town of Greenfield, acting by and through the Greenfield Middle School Building Committee ("GMSBC")(hereinafter referred to collectively as "Greenfield"), appeals the district court's grant of summary judgment in favor of plaintiff-appellee Seaboard Surety Company ("Seaboard") discharging Seaboard from liability on a construction performance bond. After careful review, we affirm.

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