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KISKI AREA SCHOOL DIST. v. MID-STATE SURETY CORP.

No. 27 WAP 2008.

967 A.2d 368 (2008)

KISKI AREA SCHOOL DISTRICT, a Municipal Authority v. MID-STATE SURETY CORPORATION, a Michigan Corporation, and Lanmark, Inc., a Pennsylvania Corporation Appeal of Mid-State Surety Corporation, a Michigan Corporation.

Supreme Court of Pennsylvania.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Joseph H. Bucci, Esq., Robert Joseph Burnett, Esq., Samuel Herman Simon, Esq., Houston Harbaugh, P.C., Pittsburgh, for Mid-State Surety Corporation, a Michigan Corporation.

Samuel Joseph Arena, Jr., Esq., Karl Stewart Myers, Esq., Stradley, Ronon, Stevens & Young, L.L.P., Harrisburg, for The Surety & Fidelity Association of America.

Arnd N. von Waldow, Esq., Kim M. Watterson, Esq., James Michael Doerfler, Esq., Reed Smith, L.L.P., Pittsburgh, for Kiski Area School District, a Municipal Authority.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

We consider whether a broad release of a contractor that is silent as to any release of the contractor's surety nonetheless discharges the surety. Appellant, Mid-State Surety Corporation ("Mid-State"), appeals from the Superior Court's decision which reversed the trial court and held that the Kiski Area School District (the "School District") could pursue a performance bond claim against Mid-State, notwithstanding the School...

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