Legal Opinion

Howell Construction Inc. v. United Pacific Insurance

District Court, W.D. Kentucky

Decided July 21, 1993No. Civ. A. C90-0147-BG(H)Published

1Opinion of the Court

MEMORANDUM OPINION

HEYBURN, District Judge.

This diversity case comes before the Court on the motion of Plaintiff, Howell Construction, Inc., for partial summary judgment and on the motion of Defendant, United Pacific Insurance Company, for summary judgment on all issues. Plaintiff sues Defendant in connection with a government contract, initially awarded to Plaintiff, and finally performed by Defendant as Plaintiffs surety. The subject of this case is the proper disposition of funds in Defendant’s possession. Under the theories of breach of contract, tortious conversion and promissory…

2Cases cited5 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Martin v. National Surety Co.Supreme Court of the United States · 1937
  3. Maryland Casualty Co. v. Lincoln Bank & Trust Co.District Court, W.D. Kentucky · 1937
  4. Fields v. Letcher State BankCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Napier v. DuffCourt of Appeals of Kentucky (pre-1976) · 1939

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