Holmes v. Insurance Co. of North America

OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

FOX, District Judge.

This case arises out of two surety bonds furnished by defendant to the Thornton Construction Co., Inc. in connection with the construction of a state highway in Emmet County, Michigan. The surety bonds were furnished pursuant to the provisions of M.S.A. § 26.321 et seq., C.L.1948, § 570.101 et seq., which require contractors on public works to secure payment for materials and labor by providing such bonds. The parties are before the court on defendant’s motion for summary judgment.

Plaintiff here claims that she provided…