Legal Opinion

National Surety Corporation v. United States

Court of Appeals for the Federal Circuit

Decided July 3, 1997No. 94-5159PublishedCited by 49 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

The government appeals the decision of the United States Court of Federal Claims1 holding the government liable to the surety for the improper release of retainage for a construction contract upon which National Surety Corporation served as guarantor. The decision of liability is affirmed, albeit on a different ground than that selected by the Court of Federal Claims. We remand for redetermination of the amount of damages.

BACKGROUND

National Surety furnished performance and payment bonds in connection with a contract between Dugdale Construction Company and the…

2Cases cited21 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  3. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  4. Balboa Insurance Company v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  5. United States Fidelity & Guaranty Co. v. United StatesUnited States Court of Claims · 1973

16 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-AppellantCourt of Appeals for the Federal Circuit · 2001
  2. Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
  3. American Insurance v. United StatesUnited States Court of Federal Claims · 2004
  4. Lumbermens Mutual Casualty Co. v. United StatesCourt of Appeals for the Federal Circuit · 2011
  5. United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004

44 more not listed; retrieve them via the Exa API.

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