Crown Construction Company v. Opelika Manufacturing Corporation, Defendant-Third-Party v. Fidelity and Deposit Company of Maryland, Third-Party

SIMPSON, Circuit Judge:

This appeal is from the district court’s grant of summary judgment on Motion of Opelika Manufacturing Corporation (Opelika) against Crown Construction Company (Crown) and the surety, Fidelity and Deposit Company of Maryland, (F. & D.) on Crown’s bid bond accompanying its low bid of $822,000 to construct two facilities in Georgia for Opelika, 343 F.Supp. 1266.

Crown brought action below against Opelika alleging breach of the construction contract. Opelika counterclaimed against Crown and F. & D. for breach of the same contract. Both parties moved for summary judgment on…