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CHAS. H. TOMPKINS CO. v. LUMBERMENS MUT. CAS. CO.

Civ. A. No. 89-1651-A.

732 F.Supp. 1368 (1990)

CHAS. H. TOMPKINS CO., Plaintiff, v. LUMBERMENS MUTUAL CASUALTY CO., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

March 16, 1990.

Attorney(s) appearing for the Case

V. Frederic Lyon, Lyon & McManus, Washington, D.C., for plaintiff.

Thomas H. McGrail, Arlington, Va. and Edward Graham Gallagher, Washington, D.C., for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This case, simply put, amounts to an effort by plaintiff to stretch a bid bond into a payment and performance bond. The effort fails. A bid bond is separate and distinct from a payment and performance bond; it covers different risks. Here, defendant signed a subcontractor's bid bond as surety. In conformity with the bid bond, the subcontractor delivered an executed contract for the work...

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