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U.S., EASTERN GULF, INC. v. METZGER TOWING, INC.

No. 89-7243.

910 F.2d 775 (1990)

UNITED STATES of America for Use and Benefit of EASTERN GULF, INC., Plaintiffs-Appellants, v. METZGER TOWING, INC., and The Travelers Indemnity Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 6, 1990.

Attorney(s) appearing for the Case

Lawrence B. Voit, Wanda J. Cochran, Silver & Voit, Mobile, Ala., for plaintiffs-appellants.

John R. Lockett, Mobile, Ala., for defendants-appellees.

Before JOHNSON, Circuit Judge, HILL and HENLEY, Senior Circuit Judges.

HILL, Senior Circuit Judge:

This appeal involves claims for (1) breach of a towage agreement and (2) "sums justly due" under the Miller Act, 40 U.S.C. §§ 270a-270d (1986), for "labor or material" supplied in connection with a United States Army Corps of Engineers ("Corps") project to build a revetment on the Gailliard Disposal Island ("Gailliard") in Mobile Bay, Alabama.1 Plaintiff, Eastern Gulf, Inc. ("Eastern"), an Alabama...

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