Inryco, Inc. v. Eatherly Construction Company and Safeco Insurance Company of America

RALPH B. GUY, Jr., Circuit Judge.

Defendants, Eatherly Construction Company (Eatherly) and Safeco Insurance Company of America (Safeco), appeal from a grant of summary judgment to plaintiff, Inryco, Inc. (Inryco), after the filing by the parties of cross-motions for summary judgment. At issue was whether Inryco, as a supplier of materials to a highway project on which Eatherly was the general contractor, was within the ambit of protection provided under performance and payment bonds on which Safeco was the surety and which were given by Eatherly to the State of Tennessee.

Eatherly was awarded a…