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U.S. FOR USE OF VALDERS STONE & MARBLE v. C-WAY

Nos. 89-2747, 89-2862.

909 F.2d 259 (1990)

UNITED STATES of America for the Use of VALDERS STONE & MARBLE, INCORPORATED, a Wisconsin Corporation, Plaintiff-Appellee/Cross-Appellant, v. C-WAY CONSTRUCTION COMPANY, a Michigan Corporation; American Casualty Company of Reading, Pennsylvania, a Pennsylvania Corporation, Defendants-Appellees/Cross-Appellees, and Selvick Marine Towing Company, a Wisconsin Corporation, Intervening Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1990.

Attorney(s) appearing for the Case

Paul A. Rake and Sherry L. Clarke, Eichhorn, Eichhorn & Link, Hammond, Ind., for plaintiff-appellee.

Peter L. Gustafson, David Green, and Jeff Birkhold, Warner, Norcross & Judd, Grand Rapids, Mich., for defendants-appellees.

Harold L. Witsaman, Ray, Robinson, Hanninen & Carle, Chicago, Ill., and Anthony DeBonis, Jr., Smith & DeBonis, East Chicago, Ind., for intervenor-appellant.

Before CUDAHY, COFFEY and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

C-Way Construction Company was the contractor for a federal marine construction project in Indiana. American Casualty Company provided C-Way's payment bond pursuant to the requirements of the Miller Act, 40 U.S.C. § 270a et seq. C-Way entered into a purchase order agreement on August 20, 1984, with 4-X Corporation for the provision of stone. Before the stone shipment was completed, Valders Stone & Marble bought out 4-X (which...

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