TAYLOR CONST. INC. v. ABT SERVICE CORP., INC.

No. 95-35883.

163 F.3d 1119 (1998)

TAYLOR CONSTRUCTION INC., in the name of the United States of America, Plaintiff-Appellee, v. ABT SERVICE CORPORATION INC., a Utah Corporation, Defendant, and International Fidelity Insurance Company, Surety, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1998.


Attorney(s) appearing for the Case

Stephen J. Blaser, Blaser, Sorensen, and Hansen, Blackfoot, Idaho, for defendant-appellant.

Phillip S. Oberrecht and Robert B. White, Hall, Farley, Oberrecht & Blanton, Boise, Idaho, for plaintiff-appellee.

Before: FERGUSON, BOOCHEVER, and REINHARDT, Circuit Judges.


FERGUSON, Circuit Judge:

In this case, a Miller Act surety failed to pay a subcontractor the entire amount due under the bonded subcontract claiming that the Miller Act imposes no duty to pay the subcontractor the amount in the subcontract's savings clause. The district court disagreed, granting summary judgment against the surety and ordering it to pay the entire amount due under the contract, including under the savings clause. We now affirm because the Miller Act...

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