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PERFORMANCE CONTRACTING, INC. v. SEABOARD SUR. CO.

No. 97-2142.

163 F.3d 366 (1998)

PERFORMANCE CONTRACTING, INC., Plaintiff-Appellant, v. SEABOARD SURETY COMPANY; St. Paul Fire and Marine Insurance Company; University Mechanical and Engineering Contractors, Inc., d/b/a JWP Mechanical Services; Emcor Group, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Ronald J. Garber (argued and briefed), Shapiro, Fussell, Wedge, Smotherman & Martin, LLP, Atlanta, GA, Kevin M. O'Connell, Novi, MI, for Plaintiff-Appellant.

E. Peter Drolet (briefed), Drolet, Freeman, Cotton & Norris, Bloomfield Hills, MI, Michael Loulakis (argued), Wickwire & Gavin, Vienna, VA, for Defendants-Appellees.

Before: BOGGS, SUHRHEINRICH, and SILER, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Performance Contracting, Inc. appeals the dismissal of its contract action without prejudice. The court below ruled that Performance Contracting's subcontract with JWP Mechanical Services required the company to exhaust administrative remedies by certifying to the Contracting Officer of the United States Department of Veterans Affairs any unresolved claims it had related to a construction project. Based on a straightforward...

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