Metropolitan Casualty Ins. Co. of New York v. Banks

THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the Middle District of Pennsylvania. The sole question for determination by this court is one of construction of a contract entered into by the appellant, the Metropolitan Casualty Insurance Company, hereinafter referred to as Metropolitan, and the appellee, Joseph Banks, trading as the Joseph Banks Construction Company, hereinafter referred to as Banks.

The contract in suit recites in the preamble that Bryant & Kohl, Inc., entered into a contract with the state of Pennsylvania to construct a section of highway…