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UNITED STATES, ETC. v. NATIONAL BONDING & ACC. INS.

Nos. 82-4365, 82-4380.

711 F.2d 131 (1983)

UNITED STATES of America for the Use and Benefit of UNITED ELECTRIC CORPORATION, a corporation, Plaintiff/Appellee, Cross-Appellant, v. NATIONAL BONDING & ACCIDENT INSURANCE COMPANY, Defendant/Appellant, CROSS-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1983.

As Amended October 31, 1983.

Attorney(s) appearing for the Case

Barry A. Dubin, John F. Taylor, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for plaintiff/appellee, cross-appellant.

Michael Robert Bassin, Los Angeles, Cal., David H. Gregerson, Minneapolis, Minn., for defendant/appellant, cross-appellee.

Before MERRILL, Senior Judge, FLETCHER and PREGERSON, Circuit Judges.

PER CURIAM:

The district court granted summary judgment in favor of a supplier of materials and against a surety who issued a bond on a government construction contract. Because the district court failed to consider relevant extrinsic evidence that would have made the bond's language reasonably susceptible to the interpretation urged by the surety, we hold that summary judgment on the issue of the surety's liability under the bond was inappropriate. We therefore need...

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