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U.S. EX REL. CAL'S A/C v. FAMOUS CONST. CORP.

No. 99-30012.

220 F.3d 326 (2000)

UNITED STATES on Behalf of CAL'S A/C AND ELECTRIC, Plaintiff-Appellant, v. THE FAMOUS CONSTRUCTION CORPORATION; Capitol Indemnity Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 2000.

Attorney(s) appearing for the Case

William Lee Melancon, Law Offices of William Melancon, Lafayette, LA, for Plaintiff-Appellant.

James J. Morse, New Orleans, LA. for Defendants-Appellees.

Before REAVLEY, SMITH and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Having won its Miller Act claim1 against federal contractor The Famous Construction Corporation ("Famous") and its surety, Capitol Indemnity Corporation ("Capitol"), for amounts owing on unpaid construction and repair work, subcontractor Cal's A/C and Electric ("Cal's") appeals a partial summary judgment dismissing its Louisiana state law claim for attorney's fees.2 Because the...

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