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U.S. v. INTERNATIONAL FIDELITY INS. CO.

No. 96-6013.

200 F.3d 456 (2000)

UNITED STATES of America, for the use and benefit of Interstate Mechanical Contractors, Inc., Plaintiff-Appellant, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 2000.

Attorney(s) appearing for the Case

John M. Neal (briefed), The Neal Law Firm, Knoxville, TN, for Plaintiff-Appellant.

David R. Duggan (briefed), Nicholson, Garner & Duggan, Maryville, TN, for Defendant-Appellee.

Before: NELSON and MOORE, Circuit Judges; McKEAGUE, District Judge.

McKEAGUE, D. J., delivered the opinion of the court, in which NELSON, J., joined. MOORE, J. (pp. 462-65), delivered a separate dissenting opinion.

OPINION

DAVID W. McKEAGUE, District Judge.

Plaintiff Interstate Mechanical Contractors, Inc. ("Interstate"), a subcontractor, commenced this action under the Miller Act, 40 U.S.C. § 270a et seq. Interstate seeks to recover against a payment bond issued...

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