General Electric Supply Co. v. Utley-James of Texas, Inc. And Aetna Casualty and Surety Company

GARZA, Circuit Judge:

Under review here is a decision by the United States District Court for the Northern District of Texas that General Electric Supply Company (GESCO) gave timely notice to defendant Utley-James of Texas, Inc. (Utley) under the McGregor Act (TEX. REV.CIV.STAT.ANN. art. 5160 (Vernon 1971 and Supp.1987)) for claims that GES-CO made against Utley. Also under review is the district court’s conclusion that GESCO neither waived its right to recovery nor was estopped from collecting its claim from Utley and Utley’s surety, Aetna Casualty & Surety Company. The district court allowed…