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U.S. FOR PERTUN CONST. CO. v. HARVESTERS GROUP

Nos. 89-5601, 89-6041.

918 F.2d 915 (1990)

UNITED STATES, for Use and Benefit of PERTUN CONSTRUCTION COMPANY, Plaintiff-Appellee, v. HARVESTERS GROUP, INC., Defendant, National Union Fire Insurance Company of Pittsburgh, Pa., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 7, 1990.

Attorney(s) appearing for the Case

J. Steven Hudson, Kimbrell & Hamann, P.A., Miami, Fla., for defendant-appellant.

Jon C. Moyle, Jr., Steel Hector & Davis, Miami, Fla., for plaintiff-appellee.

Before ANDERSON and EDMONDSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

This Miller Act case presents two basic questions on appeal. The first is a matter of first impression in this circuit: When a prime contractor causes delay in the progress of a federal government project, can the subcontractor recover from the prime contractor's Miller Act surety for the increases, resulting from the delay, in its actual expenditures for labor and material actually supplied to the project? And the second is an issue of contract...

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