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UNITED STATES, ETC. v. INS. CO. OF NORTH AMERICA

No. 81-1005.

695 F.2d 455 (1982)

UNITED STATES of America, For and on Behalf of SUNWORKS DIVISION OF SUN COLLECTOR CORPORATION, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Forest Builders, Inc., Tectonics, Inc. of Florida, Fortec, a joint venture, and Welco Mechanical Contractors, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 10, 1982.

Attorney(s) appearing for the Case

Robert C. Hanna, Albuquerque, N.M. (William N. Henderson of Atkinson & Kelsey, P.A., Albuquerque, N.M., with him on the brief), for plaintiff-appellant.

Amanda J. Ashford of Campbell, Cherpelis & Pica, Albuquerque, N.M., for defendants-appellees.

Before McWILLIAMS, BARRETT and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Sunworks Division of Sun Collector Corporation (Sunworks) brought suit against Fortec Constructors (Fortec)1 and others, seeking payment for materials furnished for use on a federal construction project. As alternative grounds for relief, Sunworks claimed it was entitled to recover either under the provisions of the Miller Act, 40 U.S.C. §§ 270a-270d (1976), or under the principle of quantum meruit. After...

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