Omaha Public Power District, a Corporation v. The Employers' Fire Insurance Company, a Corporation

MEHAFFY, Circuit Judge.

Plaintiff brought an action in contract in federal district court for enforcement of a performance bond given by defendant as surety for a third party’s principal obligation. Jurisdictional requirements of diversity of citizenship and controverted amount in excess of $10,000.00 were met. Plaintiff seeks review of the dismissal of its complaint on the merits by the trial court, sitting without a jury.

This appeal raises the sole question of interpretation of the underlying, principal obligation, and all facts pertinent thereto have been stipulated by the parties.…