Miracle Mile Shopping Center v. National Union Indemnity Company

SWYGERT, Circuit Judge.

This is an action on a surety bond involving a construction contract. Plaintiff, Miracle Mile Shopping Center, brought separate suits based upon diversity jurisdiction against defaulting contractor, Inman Construction Company, and the surety (appellant), National Union Indemnity Company. The actions were consolidated for trial without a jury. The District Court entered judgment against the contractor for $116,-446.78 and against the surety for $111,-310, the face amount of the bond. National Union admits liability for $53,000 but appeals from the balance of the…