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Lexon Ins. Co. v. Naser

United States Court of Appeals, Sixth Circuit

March 19, 2015

LEXON INSURANCE COMPANY, Plaintiff-Appellee,
v.
AZIZ NASER, Defendant-Appellant

Argued March 5, 2015.

Appeal from the United States District Court for the Eastern District of Michigan at Flint. No. 4:12-cv-13218--Gershwin A. Drain, District Judge.

ARGUED:

Kevin B. Hirsch, JAFFE, RAITT, HEUER & WEISS, PC, Southfield, Michigan, for Appellant.

Mark A. Rysberg, HILGER HAMMOND, Grand Rapids, Michigan, for Appellee.

ON BRIEF:

Kevin B. Hirsch, Brian G. Shannon, JAFFE, RAITT, HEUER & WEISS, PC, Southfield, Michigan, for Appellant.

Mark A. Rysberg, HILGER HAMMOND, Grand Rapids, Michigan, for Appellee.

Before: GIBBONS, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

Page 336

SUTTON, Circuit Judge.

Aziz Naser promised to indemnify Lexon Insurance Company for executing surety bonds on behalf of Michigan Orthopedic Services, LLC, a company he co-owned. Although Naser signed the agreement twice--once as an officer of Michigan Orthopedic Services and once as a co-owner--he maintains that he never became personally liable under it. The district court disagreed after a bench trial and entered judgment for Lexon. We affirm and along the way reject a jurisdictional claim that Naser filed an untimely notice of appeal.

I.

In 2009, Naser was the founder, co-owner, and chief executive of Michigan Orthopedic ...


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