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UNITED STATES, ETC. v. MARYLAND CAS. CO.

No. 76-2467.

573 F.2d 245 (1978)

UNITED STATES of America for the Use and Benefit of HARVEY GULF INTERNATIONAL MARINE, INC., Plaintiff-Appellee Cross-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1978.

Attorney(s) appearing for the Case

H. Bruce Shreves, New Orleans, La., for defendant-appellant cross-appellee.

M. Arnaud Pilie, New Orleans, La., for plaintiff-appellee cross-appellant.

Before COLEMAN, HILL, and RUBIN, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This case involves three distinct issues under the Miller Act, 40 U.S.C.A. § 270b. We affirm in part, reverse in part, and remand the case to the District Court.

On November 10, 1977, the plaintiff subcontractor, Harvey Gulf International Marine, Inc. [Harvey Gulf], brought suit under the Miller Act against its prime contractor's surety, Maryland Casualty Company [Maryland Casualty], for amounts allegedly due for towing and...

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