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FARMER'S UNION CENTRAL EXCHANGE v. RELIANCE INS.

Civ. Nos. A1-83-79, A1-83-96.

626 F.Supp. 583 (1985)

FARMER'S UNION CENTRAL EXCHANGE, INC., Plaintiff, v. RELIANCE INSURANCE COMPANY, Defendant. and CONOCO, INC., Plaintiff, v. RELIANCE INSURANCE COMPANY, Defendant.

United States District Court, D. North Dakota, Southwestern Division.

September 23, 1985.

Attorney(s) appearing for the Case

Sean O. Smith, Daniel L. Hovland, Bismarck, N.D., for Farmer's Union Central Exchange, Inc.

Jane Fleck Romanov, Bismarck, N.D., for Conoco, Inc.

Zuger & Bucklin, James S. Hill, Bismarck, N.D., Patrick J. O'Connor, Jr., Hart & Bruner, Minneapolis, Minn., for Reliance Ins. Co.

MEMORANDUM AND ORDER

VAN SICKLE, Senior District Judge.

This Memorandum and Order is addressed to the motions for summary judgment currently pending in the above captioned cases. In both cases, Plaintiffs seek to recover under payment and performance bonds which Defendant executed as surety, as well as on claims for bad faith failure to pay on the bonds. Defendant moves for summary judgment, alleging that the bond claims are barred by a statute of limitations...

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