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U.S. v. MILLERS MUT. FIRE INS. CO. OF TEXAS

No. 90-8292.

942 F.2d 946 (1991)

UNITED STATES of America for the Use and Benefit of T.M.S. MECHANICAL CONTRACTORS, INC., Plaintiff-Appellant Cross-Appellee, v. MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Defendant Third-Party Plaintiff-Appellee Cross-Appellant, v. The CRAFTSMEN, INC., Defendant Third-Party Defendant-Appellee, and Joseph Breedlove, J.D. Richmond, Jr. and Doris D. Richmond, Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 29, 1991.

Attorney(s) appearing for the Case

Robert L. Templeton, John Smithee, Robert L. Templeton & Associates, Amarillo, Tex., for plaintiff-appellant cross-appellee.

Michael D. Farris, James A. Knox, Vial, Hamilton, Koch & Knox, Dallas, Tex., for defendant third-party plaintiff-appellee cross-appellant.

William P. Weir, Ft. Worth, Tex., for the Craftsmen, Inc.

Before GOLDBERG, SMITH and BARKSDALE, Circuit Judges.

GOLDBERG, Circuit Judge:

The facts in this Miller Act case present a question of law: whether the delay and termination components of the subcontractor's Miller Act claim constitute "labor or material [furnished] in the prosecution of the work provided for in [the] contract." 40 U.S.C.A. § 270b(a) (1986).

Plaintiff T.M.S. Mechanical Contractors, Inc., subcontractor on a government construction project, appeals from a judgment denying its delay and termination...

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