WOLLMAN, Circuit Judge.
Donald Ray Stewart brought this action for breach of a subcontract against C & C Excavating and Construction Company, Inc. (C & C) and C & C's bonding company, Fireman's Fund Insurance Company (Fireman's Fund), pursuant to the Miller Act, 40 U.S.C. §§ 270a-270d. Stewart alleged that C & C breached the contract by failing to compensate him for completed work. C & C counterclaimed, alleging that Stewart breached...
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