LIGHTING & POWER SERVICES, INC. v. ROBERTS

No. 02-3697.

354 F.3d 817 (2004)

LIGHTING & POWER SERVICES, INC., a corporation, for the use and benefit of United States of America, Appellant, v. Wayne M. ROBERTS, doing business as Robinson Quality Constructors, Inc.; United States Fidelity and Guaranty Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 13, 2004.


Attorney(s) appearing for the Case

John E. Hilton, argued, St. Louis, MO, for appellant.

Lester J. Hubble, argued, St. Louis, MO, for appellee.

Before LOKEN, Chief Judge, HEANEY and HANSEN, Circuit Judges.


HANSEN, Circuit Judge.

Lighting & Power Services ("LPS") filed suit against Wayne M. Roberts, Inc. ("Roberts") to recover additional construction costs pursuant to the Miller Act, 40 U.S.C.A. §§ 3131-3133 (West Supp.2003).1 A jury found in favor of Roberts. On appeal, LPS argues that the district court erroneously instructed the jury on the total cost method of recovery. We agree, we reverse the judgment of the district court...

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