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U.S. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURG

No. 88-5816.

876 F.2d 92 (1989)

UNITED STATES of America for Use and Benefit of SOUTHEASTERN MUNICIPAL SUPPLY CO., INC., Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, Defendant-Appellant. Harvestor's Construction Group, Inc., and Jackson Mechanical, Inc., Defendants.

United States Court of Appeals, Eleventh Circuit.

June 27, 1989.

Attorney(s) appearing for the Case

Robert K. Tucker, Kimbrell & Hamann, and J. Steven Hudson, Miami, Fla., for defendant-appellant.

Michael A. Linsky, Tampa, Fla., for plaintiff-appellee.

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

PER CURIAM:

The question presented is whether, in an action where there is a contractual provision between a supplier (Southeastern Municipal Supply Co.) and a subcontractor (Jackson Mechanical, Inc.) for the recovery of attorney's fees, that provision is enforceable under the Miller Act, 40 U.S.C. 270b (1986)1, against the contractor (Harvestor's Construction Group) and its surety (National Union Fire Insurance Co.). This court answered...

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