United States v. National Bonding & Accident Insurance Company

711 F.2d 131 31 Cont.Cas.Fed. (CCH) P 71,367 UNITED STATES of America for the Use and Benefit of UNITED ELECTRIC CORPORATION, a corporation, Plaintiff/Appellee, Cross-Appellant, v. NATIONAL BONDING & ACCIDENT INSURANCE COMPANY, Defendant/Appellant, Cross- Appellee. Nos. 82-4365, 82-4380. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1983. Decided July 19, 1983. As Amended Oct. 31, 1983. Barry A. Dubin, John F. Taylor, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for plaintiff/appellee, cross-appellant. Michael Robert Bassin, Los Angeles, Cal., David H. Gregerson, Minneapolis, Minn., for defendant/appellant, cross-appellee. Appeal from the United States District Court for the Eastern District of California. Before MERRILL, Senior Judge, FLETCHER and PREGERSON, Circuit Judges. PER CURIAM: 1 The district court granted summary judgment in favor of a supplier of materials and against a surety who issued a bond on a government construction contract. Because the district court failed to consider relevant extrinsic evidence that would have made the bond's language reasonably susceptible to the interpretation urged by the surety, we hold that…