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DRILL SOUTH v. INTERNATIONAL FIDELITY INS.

Nos. 99-6100, 99-13590.

234 F.3d 1232 (2000)

DRILL SOUTH, INC., Plaintiff-Appellee-Cross-Appellant, v. INTERNATIONAL FIDELITY INS. CO., Defendant-Appellant-Cross-Appellee. Drill South, Inc., Plaintiff-Counter Defendant-Appellee, v. International Fidelity Ins. Co., Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Suggestion for Rehearing Denied February 6, 2001.

Attorney(s) appearing for the Case

Joel Scott Dickens, Starnes & Atchison, Birmingham, AL, Lorraine M. Magee, Neil L. Henrichsen, Mitterhoff, Henrichsen & Stewart, Washington, DC, for International Fidelity Ins., Co.

Peter M. Crofton, Robert O. Fleming, Jr., Smith & Fleming, Atlanta, GA, for Drill South, Inc.

Before COX, BLACK and FAY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 6, 2001.

PER CURIAM:

This is a Miller Act payment bond action arising from a federal construction project ("the Project") at the Redstone Arsenal in Huntsville, Alabama. International Fidelity Insurance Co. ("International Fidelity"), a Miller Act surety, argues on appeal that the district court erred by granting judgment against it solely on the basis of a default judgment entered against its...

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