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U.S. v. M.J. KELLEY CORP.

No. 92-3714.

995 F.2d 656 (1993)

UNITED STATES of America, for the Use and Benefit of SKIP KIRCHDORFER, INC., Plaintiff-Appellee, v. M.J. KELLEY CORPORATION, Defendant, Richard J. Kelley and Joseph E. LoConti, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1993.

Attorney(s) appearing for the Case

James David Wilson, Walter, Haverfield, Buescher & Chockley, Cleveland, OH, Laurence J. Zielke (briefed), Charles F. Merz (argued), Pedley, Ross, Zielke, Gordinier & Porter, Louisville, KY, for plaintiff-appellee.

Joseph E. Rutigliano (argued and briefed), Scott H. Schooler (briefed), Rutigliano & Associates, Cleveland, OH, for defendants-appellants.

Before: RYAN and SUHRHEINRICH, Circuit Judges; and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Sureties Richard J. Kelley and Joseph LoConti appeal from the district court's enforcement of an arbitrator's award against them in this Miller Act dispute arising from the breach of a government construction contract. Kelley and LoConti raise three issues:

1. Whether the district court erred in finding it had subject matter jurisdiction over this action under the doctrine of equitable tolling. 2. Whether the court erred in...

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