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EMPLOYERS INS, WAUSAU v. BRIGHT METAL SPLTS

Nos. 98-5404, 98-5405.

251 F.3d 1316 (2001)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Plaintiff-Counter-Defendant-Appellant, v. BRIGHT METAL SPECIALTIES, INC., Defendant-Counter-Claimant, Cross-Claimant-Cross-Defendant-Appellee, Rogers Construction Company, Defendant-Cross-Defendant-Cross-Claimant-Third-Party Plaintiff-Appellee. Bright Metal Specialties, Inc., Plaintiff-Cross-Defendant-Appellee, v. Employers Insurance of Wausau, a Mutual Company, Defendant-Cross-Defendant-Appellant, Rogers Construction Company, Defendant-Cross-Claimant. Employers Insurance of Wausau, a Mutual Company, Plaintiff-Counter-Defendant-Appellee, v. Bright Metal Specialties, Inc., Defendant-Counter-Claimant-Cross-Claimant-Cross-Defendant-Appellee, Rogers Construction Company, Defendant-Cross-Defendant-Cross-Claimant-Third-Party Plaintiff-Appellant. Bright Metal Specialties, Inc., Plaintiff-Cross-Defendant-Appellee, v. Employers Insurance of Wausau, a Mutual Company, Defendant-Cross-Defendant-Appellee, Rogers Construction Company, Defendant-Cross-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED May 22, 2001.

Attorney(s) appearing for the Case

Esperanza Briscoe, Miami, FL, John H. Gregory, Welbaum, Guernsey, Hingston, Greenleaf & Gregory, Coral Gables, FL, for Employers Ins. of Wausau.

Peter M. Crofton, Kent P. Smith, Smith & Fleming, Atlanta, GA, for Bright Metal Specialties, Inc. and Rogers Constr. Co.

Before EDMONDSON, FAY and GARWOOD, Circuit Judges.

FAY, Circuit Judge:

Appellants Employers Insurance of Wausau ("Wausau") and Rogers Construction Company ("Rogers") appeal the district court's order compelling arbitration of a claim asserted by Appellee Bright Metal Specialties, Inc. ("Bright") arising from a dispute on a Government construction project in Everglades National Park. The district court held that Wausau, a Miller Act surety, became a party to Bright's subcontract...

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