President & Council of Mount Saint Mary's College v. Aetna Casualty & Surety Co.

THOMSEN, Chief Judge.

This is an action against a surety on a bid bond to recover the penalty thereof, wherein the low bidder, W. Harley Miller, Inc. (Miller, Inc.), the intervening defendant, seeks relief on the ground of mistake from any obligation created by its bid, cancellation of its bid, and return of the bid bond. The mistake consisted in the failure of Miller, Inc., to include in its Base Proposals certain Separate Price Quotes for kitchen and snack bar equipment, built-in furniture, etc.

Each of the parties is a citizen of a different State and the requisite amount in controversy…