United States Eighth Circuit

In a declaratory judgment seeking a ruling that plaintiffs did not need to indemnify defendant for expenses incurred defending a claim on a surety bond, summary judgment for defendant is affirmed where defendant's participation in arbitration proceedings occurred only because they executed the bond, and the district court did not abuse its discretion by holding that plaintiffs failed to prove that defendant's fees were unreasonable.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

• MELLOY, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Hayes, St. Louis, MO, argued (Thomas M. Payne, III, on the brief), for appellant.


• For Appellees:
  
• James David Ferrucci, West Orange, NJ, argued (John W. Rourke, St. Louis, MO, on the brief), for appellee.