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U.S. FOR USE OF KRUPP STEEL v. AETNA INS. CO.

Nos. 89-3389, 90-3063 and 90-3325.

923 F.2d 1521 (1991)

UNITED STATES of America, for the Use and Benefit of KRUPP STEEL PRODUCTS, INC., d/b/a Diversified Steel Services, Plaintiff-Appellee, Cross-Appellant, v. AETNA INSURANCE COMPANY, Defendant-Appellant, Cross-Appellee. UNITED STATES of America, f/u/b/o KRUPP STEEL PRODUCTS, INC., d/b/a Diversified Steel Services, Plaintiff-Appellee, v. AETNA INSURANCE COMPANY, Defendant-Appellant. UNITED STATES of America, for the Use and Benefit of KRUPP STEEL PRODUCTS, INC., d/b/a Diversified Steel Services, Plaintiff-Appellant, v. AETNA INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

John J. Agliano, John H. Rains, III, Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, Fla., for Aetna Ins. Co.

Robert M. Quinn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for U.S. for Use and Benefit of Krupp Steel Products, Inc.

Before FAY, ANDERSON and MARKEY, Circuit Judges.

FAY, Circuit Judge:

This appeal involves a suit brought under the Miller Act by plaintiff-appellee Krupp Steel Products, Inc. d/b/a Diversified Steel Services ("Diversified"), a supplier of steel. Diversified sued defendant-appellant Aetna Insurance Company ("Aetna") as surety on a public works construction project in Tampa, Florida. At trial, Aetna attempted to raise the affirmative defense of estoppel. The trial court, however, interpreted the jury's responses to...

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