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U.S. FOR USE OF SUNBELT PIPE CORP. v. U.S. FIDELITY AND GUARANTY COMPANY

No. 85-1209.

785 F.2d 468 (1986)

UNITED STATES for the Use of SUNBELT PIPE CORPORATION, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY; American Manufacturers Mutual Insurance Company, Appellees, and Lumbermens Mutual Casualty Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Robert D. Daniel (Saccomanno, Clegg, Martin & Kipple, Houston, Tex., Winthrop A. Short, Jr., Kaufman & Canoles, Norfolk, Va., on brief), for appellant.

Guilford D. Ware (Joan E. Schwarzkopf, Crenshaw, Ware & Johnson, Norfolk, Va., on brief), for appellees.

Before SPROUSE and SNEEDEN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is a suit against the sureties on a bond under the Miller Act, 40 U.S.C.A. §§ 270a-270d. Sunbelt Pipe Corp. sold dredging pipe to Merritt Dredging Co. for use in performing dredging work in Norfolk Harbor under a contract with the United States Army Corps of Engineers. The district court found that the pipe was purchased as part of Merritt's capital equipment and was not "material" within the meaning of the Act or of...

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