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U.S. FOR USE OF AMERICAN BANK v. C.I.T. CONST.

No. 89-1654.

944 F.2d 253 (1991)

UNITED STATES of America for the Use of AMERICAN BANK, et al., Plaintiffs-Appellants Cross-Appellees, v. C.I.T. CONSTRUCTION INCORPORATED OF TEXAS, Defendant-Appellee Cross-Appellant, and Fireman's Insurance Company of Newark, New Jersey, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 18, 1991.

Attorney(s) appearing for the Case

Patrick E. Gaas, Benjamin C. Wilson, Warren J. Fields, Winstead, McGuire, Sechrest and Minich, Houston, Tex., for American Bank.

J. Mark Brewer, Brewer & Pritchard, Houston, Tex., for plaintiffs-appellants, cross-appellees.

Robert Alan York, Richard M. Kaplan, Fred H. Cook, Weycer, Kaplan, Pulaski & Zuber, Houston, Tex., for C.I.T., etc.

Roger L. Mandel, Marc R. Stanley, Dallas, Tex., for Fireman's Ins. Co., of Newark, N.J.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

GOLDBERG, Circuit Judge:

We decide several interrelated issues in this Miller Act case, but our inquiry primarily focuses on one issue: Does a Miller Act claimant's failure to file its claim within the one-year limitation period of 40 U.S.C. § 270b(b) mean that a district court must dismiss both the Miller Act claim and pendent state law claims for lack of subject matter jurisdiction?

I. BACKGROUND

In January 1987,1

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