U.S. FOR USE OF BELCON, INC. v. SHERMAN CONST. CO.

Nos. 85-1767, 85-1768.

800 F.2d 1321 (1986)

U.S. For the Use of BELCON, INCORPORATED, Appellant, v. SHERMAN CONSTRUCTION COMPANY and Seaboard Surety Co., Appellees, v. Lester BELCHER, Jr., and Lester Belcher, III, Third-Party Defendants. U.S. For the Use of BELCON, INCORPORATED, Appellee, v. SHERMAN CONSTRUCTION COMPANY and Seaboard Surety Co., Appellants, v. Lester BELCHER, Jr., and Lester Belcher, III, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1986.


Attorney(s) appearing for the Case

William N. Rogers (Shaffer & Rogers, Rockville, Md., William N. Zifchak, Sasscer, Clagett, Channing & Bucher, Upper Marlboro, Md., on brief), for appellant/cross appellees.

Gerald I. Katz (Mark J. Stone, Katz, Flinn & Beagan, Vilnna, Va., on brief), for appellees/cross appellants.

Before HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


K.K. HALL, Circuit Judge.

Belcon, Incorporated ("Belcon") is a Maryland corporation acting as a subcontractor in a business relationship governed by the Miller Act, 40 U.S.C. § 270a-270d. Belcon appeals from an order of the district court entering judgment following a bench trial in a breach of contract action brought against the prime contractor Sherman Construction Company ("Sherman") and its surety, Seaboard Surety Company ("Seaboard"). The court held in Belcon...

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