U.S. Court of Appeals for the Fifth Circuit, 1965

National Union Indemnity Company v. Kesk, Inc.

National Union Indemnity Company v. Kesk, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided March 31, 1965 · Wisdom, Gewin, Bootle
341 F.2d 301 (Federal Reporter, Second Series)

National Union Indemnity Company v. Kesk, Inc.

Opinion

PER CURIAM:

In this action a prime contractor seeks to enforce the surety bond of its defaulting subcontractor. Upon default of the subcontractor, the plaintiff-appellee became obligated to pay the bills of numerous materialmen, and it seeks reimbursement from the appellant on a Performance and Payment Bond given by the subcontractor. The district court, rejecting the surety’s contention that premature progress payments from the prime contractor to subcontractor released the surety’s obligation, rendered a judgment adverse to the surety, and it appeals.

Upon a review of the record and a consideration of all of the appellant’s contentions, we are convinced that the district court properly interpreted the contract and applied the appropriate legal principles. 224 F.Supp.’ 766 (W.D.La. 1963). We have- nothing to add to that opinion. The judgment is affirmed.

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