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

Nos. 89-5127, 89-5149.

921 F.2d 741 (1990)

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

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1990.


Attorney(s) appearing for the Case

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

John LaFleur, Rapid City, S.D., for appellee.

Before ARNOLD, JOHN R. GIBSON, and WOLLMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Ramsdell Construction sued Lamro, Inc., prime contractor on a road project on the Pine Ridge Indian Reservation, and its bonding company, Aetna Casualty Insurance Company, under the Miller Act, 40 U.S.C. § 270a et seq. (1988), claiming that Lamro had not paid Ramsdell for work and equipment supplied on the project. Lamro counterclaimed for overpayments made to Ramsdell. The district court...

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