Redmond National Bank v. Aaa Electric Installations, Inc. Bodenhamer/stewart Inc. Amwest Surety Insurance Company

8 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. REDMOND NATIONAL BANK, Plaintiff-Appellant, v. AAA ELECTRIC INSTALLATIONS, INC.; Bodenhamer/Stewart Inc.; Amwest Surety Insurance Company, Defendants-Appellees. No. 91-35639. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1992. Decided Aug. 30, 1993. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Redmond National Bank (RNB) appeals the district court's affirmance of the bankruptcy court's order adjudging RNB's interest in a withheld progress payment inferior to that of Amwest, surety to defaulting debtor/subcontractor. We affirm that determination and remand. I. 3 North Thurston School District No. 3, in Thurston County, Washington, contracted with Bodenhamer/Stewart, Inc. for the construction of a school. Bodenhamer/Stewart (Bodenhamer) entered into a subcontract with AAA Electrical Installations, Inc. (Debtor) on July 20, 1989, to perform electrical work on the…