U.S. FOR PENSACOLA CONST. v. ST. PAUL FIRE & MARINE

Civ. A. No. 88-1604.

710 F.Supp. 638 (1989)

The UNITED STATES of America for the use of PENSACOLA CONSTRUCTION CO. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and John Massman Contracting Company.

United States District Court, W.D. Louisiana, Alexandria Division.

March 27, 1989.


Attorney(s) appearing for the Case

Robert E. Winn, Session, Fishman, Rosenson, Boisfontai, New Orleans, La., for Pensacola Const. Co.

Deutsch, Kerrigan & Stiles, Charles F. Seemann, Jr., Matt J. Farley and Bobby M. Harges, New Orleans, La., and Leritz, Reinert & Duree, P.C., Bernard A. Reinert, St. Louis, Mo., for St. Paul Fire & Marine Ins. Co.

Pharis & Pharis, Fred A. Pharis, Alexandria, La., for John Massman Contracting, John T. Massman and Carolyn Sue Massman.


RULING

LITTLE, District Judge.

I. PROCEDURAL BACKGROUND

The plaintiff subcontractor, Pensacola Construction Co., sued the defendant prime contractor, John Massman Contracting Company, under the Miller Act, 40 U.S.C. §§ 270a et seq. The plaintiff, in its original complaint, alleged that St. Paul owed penalties and attorney fees under La. R.S. 22:658. St. Paul moved to dismiss Pensacola's claims for damages and attorney fees on the...

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