Concrete Structures of the Midwest, Inc., a Corporation v. Fireman's Insurance Company of Newark, New Jersey, a Corporation

FAIRCHILD, Senior Circuit Judge.

Plaintiff-appellant Concrete Structures of the Midwest, Inc. (“Concrete Struc tures”) seeks to recover on a public works bond. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332. The parties agree that Illinois law controls. Plaintiff subcontracted with City Construction Company (“City”) to perform part of City’s obligation under its public works contract with the Metropolitan Sanitary District of Greater Chicago (“MSD”). Pursuant to the Illinois Public Contractor’s Bond Act, 111. Rev.Stat. ch. 29, MI 15 and 16 (1983) (the “Act”), 1 MSD…