DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

023600P.pdf   01/15/2004  PA Natl. Mutual Cas.  v.  City of Pine Bluff
   U.S. Court of Appeals Case No:  02-3600
                          and No:  02-3735
                          and No:  02-3646
   Eastern District of Arkansas   
   Civil case - Subrogation. City of Pine Bluff must reimburse its surety 
   for the losses the surety suffered after the City released funds to a general 
   contractor despite notice of the contractor's default on a storm debris 
   clean-up contract and a request from the surety to withhold the funds 
   pending further investigation; claim that the City was immune from suit 
   because this was a negligence claim must be rejected, as the duty the city 
   owed its surety was one arising from contract and equity, and under 
   Arkansas law, municipal corporations are not immune from suit in 
   contract. Concurrence by Judge Riley. [PUBLISHED]