McWane, Inc. v. Fidelity & Deposit Co. of Maryland

OPINION

KRUPANSKY, Circuit Judge.

This appeal involves a contract dispute between appellant/cross-appellee McWane, Inc., through its Clow Water Systems Company Division (“McWane”), and appel-lee/cross-appellant Fidelity & Deposit Company of Maryland (“F&D”), regarding F&D’s denial of McWane’s claim on a payment bond (“Bond”), issued by F&D as surety to the general contractor Grooms Construction Co., Inc. (“Grooms”), on a water-main project owned by Highland County Water Company (“Highland”). McWane operated as a material supplier on the project prior to Grooms’ bankruptcy. 1 McWane appeals from…