No. 88-7543.

881 F.2d 996 (1989)

The TRANE COMPANY, A DIVISION OF AMERICAN STANDARD, INC., Plaintiff-Appellant, v. WHITEHURST-LASSEN CONSTRUCTION COMPANY; United States Fidelity and Guaranty Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 24, 1989.

Attorney(s) appearing for the Case

Marvin L. Stewart, Jr., Najjar, Denaburg, Meyerson, Zarzaur, Max, Wright & Schwartz, Birmingham, Ala., for plaintiff-appellant.

Donald W. Lang, Sylacauga, Ala., for Whitehurst.

M. Clay Ragsdale, IV, Starnes & Atchison, Henry E. Simpson, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for USF & G Co.

Before CLARK and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

This appeal arises from an action that a supplier, The Trane Company ("Trane"), filed against a general contractor, Whitehurst-Lassen Construction Company ("Whitehurst-Lassen"), and the United States Fidelity and Guaranty Company ("USF & G") on September 10, 1987. The suit alleges a breach of a labor and material payment bond required under the Alabama Public Works Statute, Ala.Code § 39-1-1 (1975). The district court entered judgment...

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