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FIDELITY AND GUAR. INS. CO. v. STAR EQUIPMENT CORP.

No. 07-1999.

541 F.3d 1 (2008)

FIDELITY AND GUARANTY INSURANCE COMPANY, Plaintiff, Appellee, v. STAR EQUIPMENT CORPORATION; Charlene R. Foran; John J. Foran, Defendants, Appellants, Town of Seekonk, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 27, 2008.

Attorney(s) appearing for the Case

Eric H. Loeffler, with whom Bradford R. Carver and Hinshaw & Culbertson LLP, were on brief, for appellee Fidelity & Guaranty Insurance Company.

James S. Timmins, for appellants.

Before TORRUELLA, CUDAHY, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This diversity case arises out of a dispute over a construction contract and an attempt to mediate that dispute through the district court's alternative dispute resolution program. Appellee Fidelity and Guaranty Insurance Company ("Fidelity") executed, as surety, a performance bond on behalf of Appellant Star Equipment Company ("Star") for work on a water main installation project that Star was to perform...

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