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                        as a courtesy to the reader. They are not part of the opinion of the court.

033345P.pdf   08/23/2005  AgGrow Oils  v.  National Union Fire
   U.S. Court of Appeals Case No:  03-3345
                          and No:  03-3346
   District of North Dakota   
   [PUBLISHED] [Loken, Author, with Riley and Smith, Circuit Judges] 
   Civil case - contracts. Special Masters' finding of fact that plaintiff 
   properly invoked the performance bond in question is not reviewable 
   under Fed. R. Civ. P. 54(e)(4); finding that National Union was liable on 
   the performance bond is affirmed; district court properly found 
   performance guarantees were part of the contract as a matter of law; 
   district court did not err in finding plaintiff was the third-party 
   beneficiary of the performance contract between its vendor and the vendor's 
   subcontractor and could enforce the express production guarantees in that 
   contract.