United States Eighth Circuit
PENNSYLVANIA NAT'L MUT. CAS. INS. CO. v. CITY OF PINE BLUFF, 02-3600, 02-3646, 02-3735
City must reimburse its surety for losses the surety suffered after the city released funds to a general contractor despite notice of the contractor's default on a storm debris clean-up contract and a request from the surety to withhold the funds pending further investigation. The duty to its surety arises from contract and equity, and under Arkansas law, municipal corporations are not immune from suit in contract.
Appellate Information
- Decided 01/15/2004
- Published 01/15/2004
Judges
- WOLLMAN, Circuit Judge., Before WOLLMAN, BOWMAN, and RILEY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant was Gary A. Wilson of Philadelphia, PA. Also appearing on appellant's brief were Salil P. Patel of Philadelphia and Bettina E. Brownstein.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was David M. Donovan of Little Rock, AR.