National Surety Corp. v. Charles Carter & Co.

LIVELY, Circuit Judge.

This diversity action from Louisiana began as a simple proceeding by the bonding company (National Surety) of a subcontractor (Hughes-Walsh) against the general contractor (Carter) for the balance due under the subcontract between Carter and Hughes-Walsh. Four additional parties were added by intervention and third-party actions. The procedural history of the case was set forth in a pretrial order of the district court as follows:

In the original demand, National Surety alleged that Carter contracted with Capital Construction and Improvement Commission for the…