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JONES v. DARIN & ARMSTRONG, INC.

No. 84-5936.

785 F.2d 1521 (1986)

Howard JONES, Robert Edwards, Bill Starr, Buc McLendon, Russell Warner, George Lewis, as Trustees of the Ironworkers Local # 272 Pension Fund, Health and Welfare Fund and Apprenticeship Training Program, Plaintiffs-Appellees, v. DARIN & ARMSTRONG, INC., a Michigan Corporation and United States Fidelity & Guarantee Co., a Michigan Corporation; Defendants-Appellants, Frank J. Rooney, Inc., a Florida Corporation and American Insurance Co., a New Jersey Corporation, Defendants.

United States Court of Appeals, Eleventh Circuit.

April 7, 1986.

Attorney(s) appearing for the Case

Richard W. Groner, David E. Gurley, Sarasota, Fla., for defendants-appellants.

W. Eric Venable, P.A., Tampa, Fla., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge and SIMPSON, Senior Circuit Judge.

SIMPSON, Senior Circuit Judge:

Florida's "Little Miller Act", Fla.Stat. § 255.05 (1983), requires all general contractors for public works projects ("contractors") to post a performance and payment bond. A subsection of the statute, § 255.05(2), ("subsection 2") provides in part that no action may be instituted against the contractor or his surety by a "... claimant, except a laborer, who is not in privity with the contractor ..." unless he notifies the...

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