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U.S. FOR USE OF CONTROL SYSTEMS v. ARUNDEL CORP.

No. 89-4289.

896 F.2d 143 (1990)

UNITED STATES of America for the use and benefit of CONTROL SYSTEMS, INC., Plaintiff-Appellee, v. ARUNDEL CORPORATION, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 1990.

Attorney(s) appearing for the Case

David C. Mancini, Paul W. Killian, Watt, Tieder, Killian & Hoffar, McLean, Va., for defendants-appellants.

Robert D. Patterson, Patterson & Patterson, Aberdeen, Miss., John C. Sullivan, Sr., Sullivan, Sullivan, Blount & Mooney, Jackson, Miss., S. Allan Alexander, Grady Tollison, Patterson, Tollison & Alexander, Oxford, Miss., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

CLARK, Chief Judge:

I.

This suit involves various claims between the prime contractor, a subcontractor, and one of the subcontractor's materialmen on Lock B of the Tennessee-Tombigbee Waterway Project in Smithville, Mississippi. The suit was originally instituted by the materialman for breach of contract and for payment on the prime contractor's Miller Act bond. See 40 U.S.C. §§ 270a to 270d. This is the second appeal which has been taken...

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