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U.S. FOR USE OF GENERAL ELEC. SUPPLY v. USF&G

No. 92-5903.

11 F.3d 577 (1993)

UNITED STATES of America for the Use of GENERAL ELECTRIC SUPPLY COMPANY, A DIVISION OF GENERAL ELECTRIC COMPANY, Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY; E.H. Hughes Company, Inc., Defendants-Appellants, McClain Contracting, Inc., Defendant.

United States Court of Appeals, Sixth Circuit.

Decided December 7, 1993.

Attorney(s) appearing for the Case

Cary K. Smith (argued and briefed), Frankfort, KY, for plaintiff-appellee.

Thomas E. Roma, Jr. (argued and briefed), Landrum & Shouse, Louisville, KY, for defendants-appellants.

Before: MILBURN, RYAN, and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

Defendants appeal the district court's granting of summary judgment for the plaintiff in this suit on a surety bond brought under the Miller Act, 40 U.S.C. § 270a. Finding that the district court lacked jurisdiction over the dispute under the Miller Act, we must remand to the district court to determine whether it has jurisdiction under 28 U.S.C. § 1252 or any other federal statute, and...

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