Stiers Management Co. v. Fidelity & Deposit Co.

HULEN, District Judge.

This is a declaratory judgment action to determine premium obligations to defendant of plaintiff and third-party defendants brought in by the original defendant, on a performance bond, for government construction work. • Plaintiff seeks a refund. Defendant counterclaims for fur-ter premium payments. The issue is whether additional work done by plaintiff, not called for by the original contract, under a subsequent amendatory agreement, changes the premium rate on the bond from that prevailing at time of original, contract to a lower rate prevailing at time of agreements…