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UNITED STATES, ETC. v. MORRISON-KNUDSEN CO., INC.

No. 81-5310.

687 F.2d 129 (1982)

UNITED STATES of America for the Use and Benefit of CONSOLIDATED PIPE AND SUPPLY COMPANY, Plaintiff-Appellee, v. MORRISON-KNUDSEN COMPANY, INC., Fischback & Moore, Inc., and American Bridge (Div. of U. S. Steel Corp.) a joint venture; INA Reinsurance Company, a Delaware corporation; Reliance Insurance Company, a Pennsylvania corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1982.

Attorney(s) appearing for the Case

H. Frederick Humbracht, Jr., James L. McElroy, Nashville, Tenn., for defendants-appellants.

James R. Buckner, Miller & Martin, Raymond R. Murphy, Jr., Chattanooga, Tenn., for plaintiff-appellee.

Before LIVELY and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

This action was initiated pursuant to the Miller Act, 40 U.S.C. § 270a et seq. by plaintiff Consolidated Pipe and Supply Company (Consolidated Pipe) seeking recovery on a payment bond executed by defendants Morrison-Knudsen Company, Inc., Fischback & Moore, Inc., and American Bridge (collectively Joint Venture) as principals and INA Reinsurance Company and Reliance Insurance Company as sureties (collectively Sureties).

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