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U.S., BALBOA INS. CO. v. ALGERNON BLAIR, INC.

No. 85-4571.

795 F.2d 404 (1986)

UNITED STATES of America for the Use and Benefit of BALBOA INSURANCE COMPANY, Assignee, Plaintiff-Appellant, v. ALGERNON BLAIR, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 1986.

Attorney(s) appearing for the Case

Andrew I. Brown, New Orleans, La., for plaintiff-appellant.

Leonard Schaitman, Dept. of Justice, Civ. Div., Katerine S. Gruenheck, Washington, D.C., for amicus curiae.

Dominick, Fletcher, Yeilding, Acker, Wood & Lloyd, Terry McElheny, H.L. Ferguson, Jr., Birmingham, Ala., Karl E. Boellert, Lake Charles, La. for defendants-appellees.

Before BROWN, REAVLEY and JONES, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This appeal arises out of a dispute between contractors on a federal construction project. Out of a rich Louisiana gumbo containing the Miller Act, the Small Business Association Surety Bond Guarantee Program, and state suretyship law, the District Court detected the bitterness of the ancient doctrine of champerty and dismissed the plaintiff's case as violative of public policy. We have subjected the identical recipe to our appellate...

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