United States Fifth Circuit

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St. Paul Travelers Ins. Co. v. Century Asphalt Materials, LLC, 07-20483

In an action to collect bond claims for unpaid materials, the district court's reversal of a holding that the time to file the claims with appellee-surety was reset when appellant returned payments made by debtor after filing is reversed where: 1) section 2253 of Texas' McGregor Act does not contain a notice exemption for bond claims on payments that were avoided in bankruptcy since it is grounded in the date of delivery, not in the date of payment or failure to pay; and 2) equitable tolling does not apply to the bond claim since section 2253 is a condition precedent to the existence of a cause of action on the surety bond.

Appellate Information

  • Decided 05/23/2008
  • Published 05/23/2008

Judges

  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Eric B. Terry, Emma Cano, Haynes & Boone, San Antonio, TX, Robin E. Phelan (argued), Benjamin Lee Mesches, Haynes & Boone, Dallas, TX, for Appellant.

  • For Appellees:
  • Keith Alan Langley (argued), Kenneth Wayne Rockenbach, James W. Hamel, Langley, Weinstein, Hamel, LLP, Dallas, TX, for Appellee.