McQueen Contracting, Inc., Cross-Appellant v. Fidelity & Deposit Company of Maryland, Cross-Appellee

ON PETITION FOR REHEARING

Before THORNBERRY, RUBIN and HIGGINBOTHAM, Circuit Judges. PER CURIAM:

In accordance with the following discussion, appellee/cross-appellant McQueen’s Petition for Rehearing is granted in part and denied in part. We hereby vacate Parts III, IV, and V of the court’s original opinion and substitute the following therefor:

III

By way of cross-appeal, McQueen contends the trial court erred in denying its claim for prejudgment interest on the payment bond sum of $276,000. Mississippi courts allow prejudgment interest “where the amount due is liquidated when the claim is…