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U.S. v. CON-REAL SUPPORT GROUP

No. 90-8633 Summary Calendar.

950 F.2d 284 (1992)

UNITED STATES of America for the Use and Benefit of LOCHRIDGE-PRIEST, INC., Plaintiff-Appellee, Cross-Appellant, v. CON-REAL SUPPORT GROUP, INC., Defendant-Appellant, Cross-Appellee, and St. Paul Mercury Insurance Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 1992.

Attorney(s) appearing for the Case

Michael F. Pezzulli, Pezzulli & Assoc., Carol E. Farquhar, Dallas, Tex., for defendant-appellant, cross-appellee.

David Earl Cherry, Fred M. Johnson, Jr., Pakis, Cherry, Beard & Giotes, Waco, Tex., for plaintiff-appellee, cross-appellant.

Before GOLDBERG, KING and GARWOOD, Circuit Judges.

GOLDBERG, Circuit Judge:

In this Miller Act case, contractor Con-Real Support Group, Inc. and its Miller Act surety St. Paul Mercury Insurance Company present four primary arguments on appeal: first, whether the district court erred in finding that the subcontractor Lochridge-Priest, Inc. provided Con-Real with additional work; second, whether the district court erred in finding that Con-Real delayed L-P's performance of its work under the subcontract; third, whether...

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