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U.S. FOR CONTROL SYSTEMS, INC. v. ARUNDEL CORP.

No. 85-4948.

814 F.2d 193 (1987)

UNITED STATES of America for the Use and Benefit of CONTROL SYSTEMS, INC., Plaintiff-Appellee, v. ARUNDEL CORPORATION, et al., Defendants-Cross Defendants-Appellants, Cross-Appellees, v. LAR ELECTRIC, INC., Defendant-Cross Plaintiff-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1987.

Attorney(s) appearing for the Case

Paul W. Killian, David C. Mancini, Vienna, Va., for Arundel Corp.

Claude A. Chamberlin, Aberdeen, Miss., Guin, Bouldin & Alexander, William M. Bouldin, Russellville, Ala., for Lar Elec., Inc.

Grady F. Tollison, Lauren Gordon Alexander, Oxford, Miss., for plaintiff-appellee.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In this action under the Miller Act, 40 U.S.C. § 270a et seq., a general contractor, the electrical subcontractor, and their sureties appeal the district court's findings of liability and dismissal of their cross-actions and counterclaims. We affirm in part, reverse in part, and reverse and remand in part.

I. BACKGROUND

Defendants The Arundel Corporation, Guy F. Atkinson Company, and Gordon H. Bell, Inc., d/b/a...

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