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J.D. FIELDS & CO., INC. v. GOTTFRIED CORP.

No. 00-60668.

272 F.3d 692 (2001)

J.D. FIELDS & COMPANY, INC., United States of America for the use of, Plaintiff-Appellant, v. GOTTFRIED CORPORATION, et al., Defendants, Gottfried Corporation; Continental Casualty Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 6, 2001.

Attorney(s) appearing for the Case

Leonard Marty Berins, Bach & Wasserman, Metairie, LA, Robert Glenn Harenski, Robert G. Harenski & Associates, Biloxi, MS, for Plaintiff-Appellant.

David Magee Ott, Bryan, Nelson, Randolph & Weathers, Hattiesburg, MS, for Defendants-Appellees.

Before JONES and DeMOSS, Circuit Judges, and FELDMAN, District Judge.

DeMOSS, Circuit Judge:

Plaintiff-Appellant, J.D. Fields & Company, Inc. (J.D. Fields), appeals the district court's final judgment following a bench trial dismissing Fields' claims under the Miller Act, 40 U.S.C. §§ 270a-270d, against Defendants-Appellees, The Gottfried Corporation (Gottfried) and Continental Casualty Company (Continental Casualty), because of Fields' failure to give adequate notice within the 90-day period prescribed by section 270b...

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