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U.S. v. GEORGE HYMAN CONST. CO.

No. 97-1577.

131 F.3d 28 (1997)

UNITED STATES of America for the Use and, Benefit of WATER WORKS SUPPLY CORPORATION, Plaintiff, Appellee, v. GEORGE HYMAN CONSTRUCTION COMPANY, National Union Fire Insurance Company of Pittsburgh, P.A., Federal Insurance Company AND Seaboard Surety Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Steven J. Comen, Boston, MA, with whom Jeremy M. Sternberg, Dori C. Gouin, Howard J. Hirsch and Goodwin, Procter & Hoar LLP were on brief for appellant, The George Hyman Construction Company.

Bert J. Capone, Boston, MA, with whom CharCretia V. DiBartolo and Cetrulo & Capone were on brief for appellant, National Union Fire Insurance Company of Pittsburgh, PA; Federal Insurance Company and Seaboard Surety Company.

Gary H. Kreppel, Framingham, MA, for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

CAMPBELL, Senior Circuit Judge.

Defendant-appellant George Hyman Construction Company ("Hyman") appeals from the district court's judgment awarding recovery to the Water Works Supply Corporation ("Water Works") under the Miller Act, 40 U.S.C. §§ 270a-270d (1986) (the "Miller Act" or the "Act"). Hyman makes a number of arguments as to why the district court erred in allowing recovery. In this opinion we concentrate particularly on Hyman's contentions: (1...

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