No. 88-2423.

877 F.2d 711 (1989)

Donald Ray STEWART; Norma L. Stewart, Appellants, v. C & C EXCAVATING & CONSTRUCTION CO.; Fireman's Fund Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1989.

Attorney(s) appearing for the Case

Steven J. Bratten, Jefferson City, Mo., for appellants.

Charles H. Stitt, Kansas City, Mo., for appellees.

Before BOWMAN and WOLLMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.

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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