Interstate Markings, Inc. v. Mingus Constructors, Inc.

941 F.2d 1010 INTERSTATE MARKINGS, INC., a Florida corporation, Plaintiff-Appellant, v. MINGUS CONSTRUCTORS, INC., an Arizona corporation, et al., Defendant-counter-plaintiff-Appellee, Aetna Casualty and Surety Company, Inc., a Connecticut corporation, et al., Defendant-counter-claimant-Appellant. No. 89-16706. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1991. Decided Aug. 16, 1991. William J. Downey and Scott E. Boehm, Rake, Copple, Downey & Black, Phoenix, Ariz., for plaintiff-appellant. Guy W. Bluff, Phoenix, Ariz., for defendant-counter-plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before HUG and POOLE, Circuit Judges, and ATKINS, * District Judge. HUG, Circuit Judge: 1 In this contract diversity action, appellants Interstate Markings, Inc. and its bonding company, Aetna Casualty and Surety Company, appeal the district court's judgment following a jury trial in favor of general contractor Mingus Constructors, Inc. Appellants contend that the jury's first verdict was ambiguous and that the district court erred when it recalled and reinstructed the jury prior to its second verdict. Appellants…