U.S. FOR USE & BEN. OF CANION v. RANDALL & BLAKE

No. 85-1663.

817 F.2d 1188 (1987)

UNITED STATES of America, for the Use and Benefit of J.R. CANION, et al., Plaintiffs, and Odell Geer Construction Co., Inc., Intervening Plaintiff-Appellee, v. RANDALL & BLAKE, and United States Fidelity & Guaranty Co., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 1987.


Attorney(s) appearing for the Case

C. Thomas Wesner, Jr., Wesner, Coke, Boyd & Clymer, Dallas, Tex., for Randall & Blake

Clifford F. Altekruse, Christopher J. Simpson, Dallas, Tex., for U.S. Fidelity & Guar. Co.

Stubbeman, McRae, Sealy, Laughlin & Browder, Karen Parker, Rodney W. Satterwhite, Austin, Tex., for Odell Geer Const. Co., Inc.

Before WISDOM, JOHNSON, and GARWOOD, Circuit Judges.


WISDOM, Circuit Judge:

This appeal involves a suit brought under the Miller Act, 40 U.S.C. §§ 270a-270d. A supplier for a government construction project brought suit against the general contractor and its surety because the supplier was never paid in full. The district court granted summary judgment in favor of the supplier. The general contractor and its surety appeal on several grounds. We affirm in part and remand in part.

I.

The Miller...

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