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U.S. v. UNION INDEM. INS. CO. OF NEW YORK

No. 88-3481 Non-Argument Calendar.

865 F.2d 1226 (1989)

UNITED STATES of America for Use and Benefit of, APEX ROOFING AND INSULATION, INC., Plaintiff-Appellee, v. UNION INDEMNITY INSURANCE COMPANY OF NEW YORK, SVS Building & Development Company, Inc., Defendants, Ed Hradesky d/b/a Chematics of PA(s), Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 16, 1989.

Attorney(s) appearing for the Case

Mark S. Peters, Stevens & Peters, P.A., Merritt Island, Fla., for defendant-appellant.

Vicki L. Smith, Sloop & Smith, Orlando, Fla., for plaintiff-appellee.

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

PER CURIAM:

This is an action under the Miller Act, 40 U.S.C. secs. 270a and 270b. Hradesky appeals the district court's denial of his motion to dismiss based on lack of subject matter jurisdiction and the district court's conclusion that the plaintiff acted reasonably to mitigate damages.

Apex Roofing and Insulation, Inc. ("Apex") filed this action against Ed Hradesky individually and d/b/a Chematics of Pa(s) ("Chematics"), Union Indemnity Insurance Company...

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