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U.S. v. FRU-CON CONST. CORP.

No. 88-2598.

890 F.2d 1046 (1989)

UNITED STATES of America for the use of UNITED STATES ELEVATOR CORPORATION, Appellant, v. FRU-CON CONSTRUCTION CORPORATION; Insurance Company of North America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1989.

Attorney(s) appearing for the Case

Stephen D. Hoyne, St. Louis, Mo., for appellant.

F. Douglas O'Leary, St. Louis, Mo, for appellees.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

United States Elevator Corporation appeals from a summary judgment entered in favor of Fru-Con Construction Corporation and the Insurance Company of North America. U.S. Elevator sued Fru-Con and the Insurance Company of North America, as Fru-Con's bonding company, under the Miller Act, 40 U.S.C. §§ 270a to 270d (1982 & Supp. V 1987), to recover amounts unpaid under a construction contract between Fru-Con, as general contractor...

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