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U.S. v. ST. PAUL FIRE & MARINE INS. CO.

No. 95-2446.

86 F.3d 332 (1996)

UNITED STATES of America, ex rel., MADDUX SUPPLY COMPANY, Plaintiff-Appellee, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY; Hill Construction Company, Incorporated, Defendants-Appellants, Chapman Electric Company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1996.

Attorney(s) appearing for the Case

ARGUED: Michael S. Seekings, Claron A. Robertson, III, Robertson & Seekings, Charleston, South Carolina, for Appellants. Gregg Meyers, Wise, Pratt-Thomas, Pearce, Epting & Walker, P.A., Charleston, South Carolina, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published PER CURIAM opinion. Judge NIEMEYER wrote a specially concurring opinion.

OPINION

PER CURIAM.

Appellant Hill Construction Corp. was sued under the Miller Act, 40 U.S.C. § 270b, by a supplier on a construction project performed for the federal government. After a bench trial, the district court awarded damages to the supplier, and the contractor and surety appealed. We now affirm...

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