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W.F. MAGANN CORP. v. DIAMOND MFG. CO., INC.

No. 84-1275.

775 F.2d 1202 (1985)

W.F. MAGANN CORPORATION, a Virginia Corporation, Appellant, v. DIAMOND MANUFACTURING COMPANY, INC., d/b/a Marine Constructors, a Georgia Corporation and Aetna Casualty and Surety Company, A Connecticut Corporation, Appellees, v. W.F. MAGANN CORPORATION and Aetna Casualty and Surety Company, Appellants. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1985.

Attorney(s) appearing for the Case

G. Dana Sinkler, Charleston, S.C. (Sinkler, Gibbs & Simons), Charleston, S.C., W. Stanfield Johnson, Peter F. Garvin, III (Crowell & Moring) Washington, D.C., on brief for appellants.

A. Camden Lewis, Columbia, S.C. (Keith M. Babcock, Lewis, Babcock, Gregory & Pleicones, Columbia, S.C., on brief), for appellees.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Stephanie J. Grogan, Dept. of Justice, Washington, D.C.) for amicus curiae.

Before PHILLIPS and WILKINSON, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

KISER, District Judge.

This appeal arises out of a contractual dispute over the dredging of the Murrell's Inlet Project ("Project") in Murrell's Inlet, South Carolina. Plaintiff-Appellant W.F. Magann Corporation ("Magann") brought suit against Defendant-Appellee Diamond Manufacturing Company ("Diamond") for breach of a subcontract. Diamond counter-claimed under the Miller Act, 40 U.S.C. § 270a-d. The case was tried before Judge Falcon B. Hawkins, United States...

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