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  5. 935 F.2d 936 (1991)
 

U.S. FOR USE OF YONKER CONST. v. WESTERN CONTR.

Nos. 89-2831, 89-2928.

935 F.2d 936 (1991)

UNITED STATES of America for the Use of YONKER CONSTRUCTION COMPANY, an Iowa Corporation, Appellee/Cross-Appellant, v. WESTERN CONTRACTING CORPORATION, a corporation, and The Aetna Casualty and Surety Company, Appellants/Cross-Appellees, v. CONCRETE INDUSTRIES d/b/a General Steel Products Co., Inc., Third Party Defendants, Western Contracting, Counter Defendant.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Richard K. Willard, Washington, D.C., for appellee/cross-appellant.

Edward H. Tricker, Lincoln, Neb., for appellants/cross-appellees.

Before JOHN R. GIBSON, Circuit Judge, and HENLEY and ROSS, Senior Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Western Contracting Corporation and its surety, Aetna Casualty and Surety Company, appeal from a judgment in favor of Western's subcontractor, Yonker Construction Company, on Yonker's Miller Act claim. Western argues that Yonker's claims are barred because it failed to give written notice of cost overruns as required by their subcontract. Western also argues that the district court improperly awarded Yonker elements of damages not recoverable...

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