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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relwsec0591 and id is 1 raw text is: SECURITY DIVISION II. SURETYSHIP CHAPTER 3. NATURE AND CREATION OF SURETYSHIP § 82. Suretyship Defined C.A.Fed.2019. Quot. in conc. op. After contractor appealed the U.S. Army Corps of Engineers' determination that contractor had defaulted on its contract with the Corps, contractor's surety filed a motion to intervene, alleging that the surety agreement assigned contractor's claims under the contract with the Corps to surety. The board of appeals denied surety's motion to intervene. This court affirmed, holding that surety lacked standing, because, under the federal rules of civil procedure, surety could not have initiated the complaint against the Corps on its own, because it lacked privity with the government. Citing Restatement of Security § 82 and Restatement Third of Suretyship & Guaranty § 1, the concurrence argued that surety was in privity with the government, because, under the surety agreement, surety undertook contractor's obligation to perform contractual duties and obligations in the event of default. Guarantee Company of North America, USA v. Ikhana, LLC, 941 F.3d 1140, 1147. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

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