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U.S. v. TUCSON MECHANICAL CONTRACTING

No. 89-15408.

921 F.2d 911 (1990)

UNITED STATES of America, for the Use and Benefit of BLUE CIRCLE WEST, INC., Plaintiff-Appellee, v. TUCSON MECHANICAL CONTRACTING INC., an Arizona corporation, dba TMCI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1990.

Attorney(s) appearing for the Case

Neal Eckel, Law Offices of Patric E. Durazzo, P.C., Tucson, Ariz., for defendant-appellant.

Michael B. Mance, Mendelsohn, Oseran, Mance & Eisner, P.C., Tucson, Ariz., for plaintiff-appellee.

Before BEEZER and KOZINSKI, Circuit Judges, and KLEINFELD, District Judge.

KOZINSKI, Circuit Judge:

We consider the adequacy of a supplier's notice to a contractor under the Miller Act.

Facts

Tucson Mechanical (TMCI) was the prime contractor for a construction project at the Davis-Monthan Air Force Base in Tucson, Arizona. TMCI, as principal, and Fairmont Insurance Company, as surety, executed a payment bond to guarantee payment to all those supplying labor and materials to the...

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