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HARRIS CTY. WATER CONTROL v. PHILADELPHIA INDEM.

No. 21-20165.

31 F.4th 305 (2022)

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 89, Plaintiff-Appellant, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY; E&M Enterprises, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 4, 2022.

Attorney(s) appearing for the Case

George R. Gibson , Nathan Sommers Jacobs, Houston, TX, for Plaintiff-Appellant.

Ryan D. Dry , Steven Kyle Cannon , Krebs Farley & Dry, P.L.L.C., Plano, TX, Justin Lewis Bernstein , Greenberg Traurig, L.L.P., Austin, TX, for Defendant-Appellee Philadelphia Indemnity Insurance Company.

Before Smith, Elrod, and Oldham, Circuit Judges.

A water control and improvement district in Harris County, Texas, wanted a new headquarters, so it contracted with a construction company to build one. The District required the company to post a performance bond. The company engaged Philadelphia Indemnity Insurance Co. ("Philadelphia") to provide that bond, which...

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