Martha Maytag Dannerbeck v. Oscar C. Palmer, Sr., Al A. Marth, Trustee in Bankruptcyof Pete Horner Excavating, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
HAMLEY, Circuit Judge:
Al A. Marth, Trustee in Bankruptcy of Pete Horner Excavating, Inc. (Hor-ner Excavating) appeals from a declaratory judgment in this diversity action in favor of Martha Maytag Dannerbeck and Oscar C. and Corinne E. Palmer, husband and wife. We affirm.
Initially, two actions for declaratory relief were filed, one by United States Fidelity and Guaranty Company (USF&G) and the other by National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National Union). These plaintiffs, as sureties for Horner Excavating, a bankrupt contractor which had defaulted on city…
2Cases cited23 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Carpenter v. LonganSupreme Court of the United States · 1873
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- Fireman's Fund Insurance Company v. Joseph J. Biafore, Inc.Court of Appeals for the Third Circuit · 1975
- In Re Minnesota Kicks, Inc.United States Bankruptcy Court, D. Minnesota · 1985
- Nelson Construction Co. v. United StatesUnited States Court of Federal Claims · 2007
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