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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's granting of summary judgment in favor of National Fire Insurance Company and Brown & Martin, Inc. in a case where Brown & Martin was permitted to withdraw its bid and rescind a construction contract with the City of Columbia, South Carolina without forfeiting its bid bond. The Court of Appeals found the appeal to be without merit after reviewing the record, briefs, and district court opinion. The district court had held that Brown & Martin was entitled to withdraw its bid and rescind the contract without forfeiting the bid bond based on the reasoning in its opinion.

    Original Description:

    Filed: 1990-06-18 Precedential Status: Non-Precedential Citations: 907 F.2d 1139 Docket: 89-1591

    Original Title

    National Fire Insurance Company of Hartford, Brown & Martin, Incorporated v. City of Columbia, South Carolina, the Carolinas Branch Associated General Contractors of America, Incorporated, Amicus Curiae, 907 F.2d 1139, 4th Cir. (1990)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's granting of summary judgment in favor of National Fire Insurance Company and Brown & Martin, Inc. in a case where Brown & Martin was permitted to withdraw its bid and rescind a construction contract with the City of Columbia, South Carolina without forfeiting its bid bond. The Court of Appeals found the appeal to be without merit after reviewing the record, briefs, and district court opinion. The district court had held that Brown & Martin was entitled to withdraw its bid and rescind the contract without forfeiting the bid bond based on the reasoning in its opinion.

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    United States Court of Appeals, Fourth Circuit

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's granting of summary judgment in favor of National Fire Insurance Company and Brown & Martin, Inc. in a case where Brown & Martin was permitted to withdraw its bid and rescind a construction contract with the City of Columbia, South Carolina without forfeiting its bid bond. The Court of Appeals found the appeal to be without merit after reviewing the record, briefs, and district court opinion. The district court had held that Brown & Martin was entitled to withdraw its bid and rescind the contract without forfeiting the bid bond based on the reasoning in its opinion.

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    of 2

    907 F.

    2d 1139
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    NATIONAL FIRE INSURANCE COMPANY OF
    HARTFORD, Plaintiff-Appellee,
    Brown & Martin, Incorporated, Defendant-Appellee,
    v.
    CITY OF COLUMBIA, SOUTH CAROLINA, DefendantAppellant,
    The Carolinas Branch Associated General Contractors of
    America, Incorporated, Amicus Curiae.
    No. 89-1591.

    United States Court of Appeals, Fourth Circuit.


    Submitted April 26, 1990.
    Decided June 18, 1990.

    Appeal from the United States District Court for the District of South
    Carolina, at Columbia. Karen L. Henderson, District Judge. (CA-89-3483-16)
    Kenneth E. Gaines, Office of the City Attorney, Columbia, S.C., for
    appellant.
    L. Franklin Elmore, Henry P. Wall, Ogletree, Deakins, Nash, Smoak and
    Stewart, Robert F. McMahan, Jr., Glenn, Irvin, Murphy, Gray and Stepp,
    Columbia, S.C., for appellees.
    James W. Allison, Greg C. Ahlum, Johnston, Taylor, Allison & Hord,
    Charlotte, N.C., for amicus curiae.
    D.S.C., 726 F.Supp. 1036.

    AFFIRMED.
    Before K.K. HALL and WILKINSON, Circuit Judges, and FRANKLIN
    T. DUPREE, Jr., Senior United States District Judge for the Eastern
    District of North Carolina, sitting by designation.
    PER CURIAM:

    The City of Columbia, South Carolina, appeals a final order of the district court
    granting summary judgment in favor of appellees National Fire Insurance
    Company and Brown & Martin, Inc. The district court held that Brown &
    Martin was entitled to withdraw a bid and rescind a construction contract with
    the city without forfeiture of a bid bond issued by National. We granted the
    parties' joint motion to submit this appeal on the briefs. Our review of the
    record, the briefs of the parties, and the district court's opinion discloses that
    this appeal is without merit. Accordingly, we affirm on the reasoning of the
    district court. National Fire Insurance Co. v. Brown & Martin, Inc., 726
    F.Supp. 1036 (D.S.C.1989).

    AFFIRMED.

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