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U.S. FOR USE OF MORRIS CONST. v. AETNA CAS. INS.

No. 88-5467.

908 F.2d 375 (1990)

UNITED STATES of America, for the Use and Benefit of MORRIS CONSTRUCTION, INC., Appellee, v. AETNA CASUALTY INSURANCE COMPANY; Lamro, Inc., and Schultz & Sons Construction Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1990.

Attorney(s) appearing for the Case

John O. Holm, Rapid City, S.D., for appellants.

Robert L. Varilek, Rapid City, S.D., for appellee.

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

JOHN R. GIBSON, Circuit Judge.

Morris Construction, Inc., entered into an oral agreement with Schultz & Sons Construction Company to provide heavy equipment for a road construction project on which Lamro, Inc., was the general contractor. After Schultz failed to pay Morris money that was owed under the oral agreement, Morris brought this claim under the Miller Act, 40 U.S.C. §§ 270a-d (1982), against Lamro, Schultz, and the issuer of Lamro's payment...

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