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PEPPER BURNS INSULATION, INC. v. ARTCO CORP.

No. 91-2178.

970 F.2d 1340 (1992)

PEPPER BURNS INSULATION, INCORPORATED, Plaintiff-Appellee, and United States of America, for the Benefit and Use of Pepper Burns Insulation, Incorporated, Plaintiff, v. ARTCO CORPORATION, A Georgia Corporation, Defendant-Appellant, and Pyramid Contracting Limited; James P. McClain; Sharon L. Jelovchan, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 1992.

Attorney(s) appearing for the Case

George Lucus Lewis, Adams, Gardner & Ellis, P.C., Savannah, Ga., argued (Perry Y. Newson, Hafer, Day & Wilson, P.A., Raleigh, N.C., on brief), for defendant-appellant.

Julie A. Davis, Allen Holt Gwyn, Jr., Patton, Boggs & Blow, Greensboro, N.C., argued, for plaintiff-appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and SIMONS, Senior District Judge for the District of South Carolina, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

This is an appeal from the district court's order granting summary judgment to Pepper Burns Insulation, Inc., a second-tier subcontractor on a federal construction project. Pepper Burns had brought suit against Artco Contracting, Inc., the general contractor on the federal project, to collect under a Miller Act1 payment bond for work completed but unpaid. Artco moved for summary judgment...

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