U.S. FOR USE AND BEN. OF ROPER, IBG v. REISZ

No. 82-7067.

718 F.2d 1004 (1983)

UNITED STATES of America, for the Use and Benefit of ROPER, IBG, A DIVISION OF ROPER CORPORATION, Plaintiff-Appellant, v. A.I. REISZ and National Surety Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 3, 1983.


Attorney(s) appearing for the Case

W.J. Sullivan, Jr., Mac B. Greaves, Birmingham, Ala., for plaintiff-appellant.

Thomas Elliott, Jr., Birmingham, Ala., for defendants-appellees.

Before TJOFLAT, HILL and JOHNSON, Circuit Judges.


TJOFLAT, Circuit Judge:

This is a Miller Act case. I.B.G., International, Inc. (I.B.G.), a subcontractor, sued A.I. Reisz, d/b/a Reisz Engineering Co. (Reisz), the general contractor, for the balance due on its subcontract. Reisz counterclaimed, claiming, inter alia, that it was damaged because of I.B.G.'s delay in performing the work. The jury awarded Reisz $87,223.07 on this claim. In this appeal, I.B.G. asks us to set aside this jury award for want of sufficient...

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