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U.S. v. REID & GARY STRICKLAND CO.

No. 97-11068.

161 F.3d 915 (1998)

The UNITED STATES of America for the use of VARCO PRUDEN BUILDINGS, a unit of United Dominion Industries, Inc., a Delaware Corporation, also known as United Dominion Industries, Inc., Plaintiff-Counter Defendant-Appellant, v. REID & GARY STRICKLAND CO., A Texas Corporation, Defendant-Counter Claimant-Third Party Plaintiff Appellee-Appellant, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota Corporation, Defendant-Counter Claimant-Counter Defendant Appellant, v. FILE-STEELE ERECTORS CO. INC., a New Mexico Corporation, Third Party Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 4, 1999.

Attorney(s) appearing for the Case

John M. Wells, Albuquerque, NM, for Plaintiff-Counter Defendant-Appellant.

Robert H. Smith, Smith & Stone, Amarillo, TX, for Defendant-Counter Claimant-Appellee.

Amy Landau, Albuquerque, NM, for Third Party Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal resolves several claims for attorneys' fees and interest stemming from the construction of an Air Force hangar in New Mexico. The ultimate resolution of the damage claims is not before us. We must decide whether to apply the law of Texas or the law of New Mexico and whether the claims for attorneys' fees are efforts to recover attorneys' fees as part of a Miller Act claim or state law claims supplemental to a Miller...

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