Legal Opinion
United States Fidelity & Guaranty Co. v. Missouri Highway & Transportation Commission
Missouri Court of Appeals
Decided February 6, 1990No. WD 42275PublishedCited by 3 opinions
1Opinion of the Court
LOWENSTEIN, Judge.
This case involves the question of who has priority on retained construction proceeds — the surety on a performance bond which advanced the funds to complete the project when the principal, the contractor, ran out of money, or, the state as obligee which was owed a previous debt by the contractor. The facts here are somewhat unusual, making a brief overview in order.
Tri-City Construction Company (TriCity) and its subsidiaries contracted with the Missouri Highway and Transportation Commission (Commission) to repair five specific highway projects in Jackson County, for an…
2Cases cited18 opinions
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- Trinity Universal Insurance Company and First National Bank in Dallas v. United StatesCourt of Appeals for the First Circuit · 1967
- Security Insurance Company of Hartford v. The United StatesUnited States Court of Claims · 1970
- Dependable Insurance Company, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- The Aetna Casualty and Surety Company v. The United StatesCourt of Appeals for the Federal Circuit · 1988
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3Cited by3 opinions
- Capitol Indemnity Corp. v. Citizens National Bank of Fort ScottMissouri Court of Appeals · 2000
- Miller-Stauch Construction Co. v. Williams-Bungart Electric, Inc.Missouri Court of Appeals · 1998
- International Fidelity Insurance Company v. United StatesCourt of Appeals for the Eighth Circuit · 1991