U.S., FED. CORP. v. COMMERCIAL MECH. CONTRACTORS

No. 80-1897.

707 F.2d 1124 (1982)

UNITED STATES of America for the Use and Benefit of FEDERAL CORPORATION, Appellant, v. COMMERCIAL MECHANICAL CONTRACTORS, INC., a corporation, and Oklahoma Surety Co., a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

September 1, 1982.


Attorney(s) appearing for the Case

William J. Robinson of Shirk, Work, Robinson & Williams, Oklahoma City, Okl., for appellant.

Gary G. Prochaska and Jerry W. Foshee of Foshee, Manger & Yaffe, Oklahoma City, Okl., for appellees.

Before DOYLE, McKAY and SEYMOUR, Circuit Judges.


McKAY, Circuit Judge.

This action was commenced under the Miller Act, 40 U.S.C. §§ 270a-270d by Federal Corporation (Seller) to recover the balance due for materials furnished to Commercial Mechanical Contractors, Inc. (Buyer) for use in a government contract. Buyer denied the debt, raised several affirmative defenses, and counterclaimed for damages caused by Seller's delay in delivering the materials. After trial, the jury found for Seller on its claim...

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