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U.S. v. U.S. FIDELITY & GUAR. CO.

No. 88-5531.

861 F.2d 110 (1988)

UNITED STATES of America, For the Use and Benefit of HOWELL CRANE SERVICE, Plaintiff-Appellee, v. U.S. FIDELITY & GUARANTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 1988.

Attorney(s) appearing for the Case

Susan M. Linden, Gregory J. Johansen, Kansas City, Mo., for USF&G.

James N. Higdon, San Antonio, Tex., for plaintiff-appellee.

Before GEE, SNEED and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

United States Fidelity & Guaranty Company appeals the award of attorney's fees to a subcontractor who brought a successful suit under the Miller Act. We reverse.

I. Background

Appellant United States Fidelity & Guaranty Company (USF & G) is the Miller Act surety for B.B. Andersen Construction Company (Andersen). Andersen was the general contractor for the construction of an air traffic control...

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