U.S. FOR USE OF CONSOL. ELEC. v. ALTECH, INC.

No. 90-4131.

929 F.2d 1089 (1991)

UNITED STATES for the Use of CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., Plaintiff-Appellee, v. ALTECH, INC., a Corporation, and Aetna Casualty & Surety Co., a Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 1, 1991.


Attorney(s) appearing for the Case

David L. James, Keeney, Anderson, Miller, James & Tate, Texarkana, Tex., for defendants-appellants.

Marshall H. Moore, Dowd, Harrelson & Moore, Texarkana, Ark., for plaintiff-appellee.

Before WISDOM, KING and JOLLY, Circuit Judges.


WISDOM, Circuit Judge:

In this Miller Act case, Altech, Inc., defendant, appeals from a judgment of $47,308.39 plus interest awarded to the plaintiff, Consolidated Electrical Distributors, Inc. We affirm and remand for findings on the third party complaint.

I

The Miller Act permits a supplier who has furnished material or labor for the use of a contractor on a government project to recover from the contractor's payment bond those sums which have...

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