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MACCAFERRI GABIONS, INC. v. DYNATERIA INC.

No. 94-5084.

91 F.3d 1431 (1996)

MACCAFERRI GABIONS, INC., Plaintiff-Appellee, Cross-Appellant, v. DYNATERIA INC., Moore & Artis, Ltd., Inc., et al. Defendants, Wilkinson & Jenkins Construction Co., Inc., Ohio Casualty Insurance Company, Defendants-Appellants, Cross-Appellees, Robert E. Rupert, Third-Party-Defendant.

United States Court of Appeals, Eleventh Circuit.

August 20, 1996.

Attorney(s) appearing for the Case

Joseph W. Lawrence II, Cummings, Lawrence & Vezina, Ft. Lauderdale, FL, Mike Piscitelli, Frederick J. Springer, Tallahassee, FL, for Appellant.

Larry Klayman, Klayman & Associates P.C., Washington, DC, Paul J. Orfanedes, Washington, DC, for Appellees.

Before TJOFLAT, Chief Judge, and RONEY and PHILLIPS, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge:

Maccaferri Gabions, Inc. (Maccaferri), a materialman, sued general contractor Wilkinson & Jenkins Construction Co., Inc. (W & J) and its surety, The Ohio Casualty Insurance Co., for the balance due on materials Maccaferri had supplied on a federal construction project. The jury found for Maccaferri on three of its claims — one based on the Miller Act, 40 U.S.C. §§ 270a-270d (1986), one on a third-party beneficiary...

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