Trestle & Tower Engineering, Inc. v. Star Insurance

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action to recover on a bond issued for the Kansas Avenue bridge project in Topeka, Kansas. Plaintiff supplied materials and equipment for that project. Defendant issued the bond for the project. Western Bridge Corporation was the general contractor for the project. Following the completion of the project, Western Bridge filed for bankruptcy. This matter is presently before the court upon defendant’s motion to dismiss or, in the alternative, for summary judgment. 1

I

The defendant argues that this action should be dismissed because plaintiff,…