Winston Corporation v. Continental Casualty Company

OPINION AND ORDER

CARL B. RUBIN, District Judge.

The Winston Corporation, an Ohio corporation, brings this action against Continental Casualty Company, a company organized under the laws of Illinois, on a performance and payment bond is sued by Continental as surety for Diversified Engineering and Sales Corporation. The Court’s diversity jurisdiction has been properly invoked under 28 U. S.C. § 1332 and the amount in controversy exceeds $10,000.00. The parties are in agreement that the law of Georgia will control the decision of this Court. This matter has now been submitted, following trial to…