KOELSCH, Circuit Judge.
These are two separate suits which were heard together, both here and in the district court. They involve four Miller Act Claims [40 U.S.C. § 270a and § 270b], prosecuted by Mercury Electric Company (Mercury), a subcontractor, against Wells Benz, Inc. and Dale Benz, Inc. (Wells and Benz), the prime contractors, together with their surety, the Fidelity and Casualty Company of New York. They also include counter-claims asserted by Wells...
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