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CONSOLIDATED ELEC. & MECH. v. BIGGS GEN. CONTRACTING

Nos. 97-3913, 97-4048.

167 F.3d 432 (1999)

CONSOLIDATED ELECTRICAL & MECHANICALS, INC., United States of America for the Use and Benefit of a Corporation, Appellee, v. BIGGS GENERAL CONTRACTING, INC., a Corporation; Firemen's Insurance Company of Newark, New Jersey, a Corporation, Appellants. Consolidated Electrical & Mechanicals, Inc., United States of America for the Use and Benefit of a Corporation, Appellant, v. Biggs General Contracting, Inc., a Corporation; Firemen's Insurance Company of Newark, New Jersey, a Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1999.

Attorney(s) appearing for the Case

Christopher Lozano, Clayton, MO, argued, for appellant.

Lester J. Hubble, St. Louis, MO, argued, for appellee.

BEFORE: WOLLMAN, BEAM, and LOKEN, Circuit Judges.

WOLLMAN, Circuit Judge.

Consolidated Electrical & Mechanicals, Inc. (Consolidated) is a use-plaintiff in this action against Biggs General Contracting, Inc. and Fireman's Insurance Company of Newark (Defendants) under the Miller Act, 40 U.S.C. §§ 270a-270d. After a bench trial, the district court1 found Defendants liable under the Act, but held that Consolidated was not entitled to damages for lost profits. Both sides appeal...

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