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TOWERRIDGE, INC. v. T.A.O., INC.

Nos. 96-6015, 96-6107.

111 F.3d 758 (1997)

TOWERRIDGE, INC., sued as United States of America for the Benefit of Towerridge, Inc., Plaintiff-Appellee and Cross-Appellant, v. T.A.O., INC., and Mid-Continent Casualty Co., Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 15, 1997.

Attorney(s) appearing for the Case

Patsy H. Brown (Michael L. Loyd with her, on the briefs) of Michael L. Loyd & Associates, Bethany, OK, for Plaintiff-Appellee and Cross-Appellant.

Charles E. Raley (W. Drew Mallender with him, on the briefs) of Watt, Tieder & Hoffar, L.L.P., McLean, VA, for Defendants-Appellants and Cross-Appellees.

Before BALDOCK, BRORBY and MURPHY, Circuit Judges.

BRORBY, Circuit Judge.

I. BACKGROUND

This action was brought by Towerridge, Inc., a subcontractor on a federal construction project, against the prime contractor, T.A.O., Inc., and T.A.O.'s surety on the prime contract, Mid-Continent Casualty Company. Towerridge sued under the Miller Act, 40 U.S.C. §§ 270a-270d (1994), seeking recovery for sums allegedly due and owing under its subcontract. The jury awarded Towerridge $56,963.94 in damages and...

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