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HUNT CONST. GROUP, INC. v. NATIONAL WRECKING CORP.

No. 08-7059.

587 F.3d 1119 (2009)

HUNT CONSTRUCTION GROUP, INC., Appellant v. NATIONAL WRECKING CORPORATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 27, 2009.

Attorney(s) appearing for the Case

David T. Dekker argued the cause for appellant. On the briefs were Michael S. McNamara and Laura R. Thomson.

Michael C. Zisa argued the cause for appellees. With him on the brief were Stephen M. Seeger and Leonard A. Sacks.

Edward G. Gallagher filed the brief for amicus curiae in support of appellees and urging affirmance.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Hunt Construction Group sought relief in a diversity action against a defaulting subcontractor and against two sureties on the subcontractor's performance bond. The sureties' defenses included the ground that Hunt had failed to give timely notice of default, thereby depriving them of any realistic opportunity to exercise their rights under the bond to cure the subcontractor's defective performance. The district court agreed, granted...

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