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U.S. FOR USE OF SEMINOLE SHEET METAL v. SCI, INC.

No. 86-3477.

828 F.2d 671 (1987)

UNITED STATES of America, for the Use and Benefit of SEMINOLE SHEET METAL COMPANY, Plaintiff-Appellant, v. SCI, INC., f/k/a Sainer Constructors, Inc. and Fidelity and Deposit Company of Maryland, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 28, 1987.

Attorney(s) appearing for the Case

R. Wade Wetherington, Gibbons, Tucker, McEwen, Smith, Miller & Whatley, Tampa, Fla., for plaintiff-appellant.

Philip N. Hammersley, Trawick & Griffis, Henry P. Trawick, Jr., Sarasota, Fla., for defendants-appellees.

Before JOHNSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

JOHNSON, Circuit Judge:

In this appeal brought under the Miller Act, 40 U.S.C.A. §§ 270a-270d, Seminole Sheet Metal Co., the successor in interest to Floridaire Mechanical Systems, Inc.,1 challenges the district court's (1) dismissal of counts related to delay damages, (2) denial of an amendment to conform the evidence to the pleadings, and (3) selection of the date upon which to base prejudgment interest. We affirm in part and...

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