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U.S. OBO TAYLOR & POLK CONST. v. MILL VALLEY CONST.

Nos. 92-2096, 92-2127.

29 F.3d 154 (1994)

UNITED STATES of America, for and on behalf of TAYLOR & POLK CONSTRUCTION, INCORPORATED, Plaintiff-Appellant, v. MILL VALLEY CONSTRUCTION, INCORPORATED, as Principal; Hartford Fire Insurance Company, as Surety, Defendants-Appellees. UNITED STATES of America, for and on behalf of TAYLOR & POLK CONSTRUCTION, INCORPORATED, Plaintiff-Appellee, v. MILL VALLEY CONSTRUCTION, INCORPORATED, as Principal; Hartford Fire Insurance Company, as Surety, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

ARGUED: Claron A. Robertson, III, Robertson & Sinkler, Charleston, SC, for appellant. Leonard Rose, Rose, Brouillette & Shapiro, P.C., Kansas City, MO, for appellees. ON BRIEF: Therese Trouche Smythe, Robertson & Sinkler, Charleston, SC, for appellant. Michael J. Plambeck, Rose, Brouillette & Shapiro, P.C., Kansas City, MO, for appellees.

Before WIDENER and HAMILTON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge HAMILTON and Judge MICHAEL joined.

OPINION

WIDENER, Circuit Judge.

Taylor and Polk Construction, Inc. (T & P) brought a breach of contract action pursuant to the Miller Act, 40 U.S.C. §§ 270a & 270b, against Mill Valley Construction, Inc. (Mill Valley) for payments due on labor and materials it...

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