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UNITED STATES, ETC. v. UNITED STATES FID., ETC.

No. 80-1560.

644 F.2d 747 (1981)

UNITED STATES for the Use of CONFEDERATE CONSTRUCTION COMPANY, Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY OF BALTIMORE, MARYLAND, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 25, 1981.

Attorney(s) appearing for the Case

Russell F. Watters, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, St. Louis, Mo., for appellant.

Philip W. Ragsdale and Richard L. Smith, Little Rock, Ark., for appellee.

Before HEANEY, HENLEY and ARNOLD, Circuit Judges.

PER CURIAM.

Plaintiff subcontractor brought this action under the Miller Act, 40 U.S.C. § 270b, against the surety of a general contractor on a Corps of Engineers project. The district court1 concluded that the surety owed the plaintiff, Confederate Construction, $38,197.80 under the subcontract, and that the defendant was not entitled to a setoff of liquidated damages for alleged delays in completion of the subcontractor's work....

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