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LEPI ENTERPRISES v. NATIONAL ENVIRONMENTAL

No. 04-3609.

440 F.3d 937 (2006)

LEPI ENTERPRISES, INC., an Ohio corporation, Appellee, v. NATIONAL ENVIRONMENTAL SERVICE CORP., an Indiana corporation, d/b/a NES Corporation; The Insurance Company of the State of Pennsylvania, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2006.

Attorney(s) appearing for the Case

Thomas B. Weaver, argued, St. Louis, MO (Byron E. Francis, Julie O'Keefe and Cynthia Petracek, St. Louis, on the brief), for appellant.

Robert J. Radice, argued, St. Louis, MO (John M. Horas of St. Louis, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, MURPHY, and GRUENDER, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

National Environmental Service Corporation and the Insurance Company of Pennsylvania (ICP) appeal the district court's judgment and award of damages against them and in favor of Lepi Enterprises, Inc. The jury awarded Lepi $815,800 for damages stemming from National's breach of its contract with Lepi; that contract was covered by a payment bond that ICP had issued on National's behalf. The district court also awarded prejudgment...

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