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U.S. FOR A & M PETROLEUM v. SANTA FE ENGINEERS INC.

No. 87-4159 Summary Calendar.

822 F.2d 547 (1987)

UNITED STATES of America for the Use of A & M PETROLEUM, INC., Plaintiff-Appellant, v. SANTA FE ENGINEERS, INC., Gulf/American Constructors, Inc., Industrial Indemnity Company, and United States Fire Insurance, Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 24, 1987.

Attorney(s) appearing for the Case

G.E. Estes, Jr., Estes & Estes, Gulfport, Miss., for plaintiff-appellant.

Robert C. Galloway, Galloway & Galloway, P.A., Gulfport, Miss., Martin R. Salzman, Jeffrey L. Evans, Henrick, Spanos & Phillips, Atlanta, Ga., defendants-appellees.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In this action under the Miller Act, 40 U.S.C. § 270a et seq., a supplier appeals from the district court's finding that notice of nonpayment must be given within 90 days of each delivery in order for there to be a timely Miller Act claim. We reverse.

Appellant A & M Petroleum, Inc. ("A & M") made some fifteen deliveries of diesel fuel and other supplies to Gulf/American...

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