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UNITED STATES v. CONTINENTAL INS. CO.

No. 85-5023 Non-Argument Calendar.

776 F.2d 962 (1985)

UNITED STATES of America f/u/b of Dillon Construction Inc., a corporation, Plaintiff-Appellee, v. CONTINENTAL INSURANCE COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 18, 1985.

Attorney(s) appearing for the Case

Marc Cooper, Miami, Fla., for defendant-appellant.

Byron G. Petersen, Marcos Daniel Jimenez D'Clouet, Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

GODBOLD, Chief Judge:

Plaintiff Dillon Construction Inc. sued defendant Continental under the Miller Act, 40 U.S.C. § 270a et seq., seeking payment for work it had done on a U.S. Army ammunition storage area in the Canal Zone. The district court entered judgment in favor of Dillon. We reverse.

I. Background

Craddock Construction International contracted with the U.S. Army to do construction at the area in question. Craddock, as required by the...

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