Legal Opinion
Federal Insurance Company v. The Fifth Third Bank
Court of Appeals for the Third Circuit
Decided February 13, 1989No. 87-4132PublishedCited by 22 opinions
1Opinion of the Court
RALPH B. GUY, Jr., Circuit Judge.
Federal Insurance Company (Federal) brought this diversity action against the Fifth Third Bank (Bank) seeking a judgment in the amount of $766,815.45. Federal, as surety on a bond for Becker Electric Company (Becker), alleged that the Bank wrongfully offset two Becker deposits which were the proceeds of progress payments made to Becker involving a contract with the State of Ohio on which Federal was the surety. The district court held that Federal had not shown the existence of any type of trust, assignment, or subro-gation which would have legally or…
2Cases cited12 opinions
- Taylor and Gaskin, Inc. v. Chris-Craft IndustriesCourt of Appeals for the Sixth Circuit · 1984
- Kane v. First Nat. Bank of El Paso, Tex.Court of Appeals for the Fifth Circuit · 1932
- Tonyan Construction Co. v. McHenry State Bank (In Re Tonyan Construction Co.)United States Bankruptcy Court, N.D. Illinois · 1983
- American Fidelity Company, a Corporation, and New Hampshire Fire Insurance Company, a Corporation v. National City Bank of Evansville, a CorporationCourt of Appeals for the D.C. Circuit · 1959
- American Casualty Company of Reading, Pennsylvania, a Corporation v. Line Materials Industries, a Division of McGraw Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Regions Bank v. The Provident Bank, Inc.Court of Appeals for the Eleventh Circuit · 2003
- In Re Marrs-Winn Company, Inc., Debtor. Marrs-Winn Company, Inc. And J.S. Alberici Construction Company, Inc. v. Giberson Electric, Inc.Court of Appeals for the Seventh Circuit · 1996
- Owner Operator Independent Drivers Ass'n v. Comerica Bank (In Re Arctic Express Inc.)Court of Appeals for the Sixth Circuit · 2011
- Indiana Lumbermens Mutual Insurance v. Construction Alternatives, Inc.Court of Appeals for the Sixth Circuit · 1993
- In Re Construction Alternatives, Inc.Court of Appeals for the Sixth Circuit · 1993
17 more not listed; retrieve them via the Exa API.