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NATIONAL AMERICAN INS. CO. v. U.S.

No. 2007-5016.

498 F.3d 1301 (2007)

NATIONAL AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 23, 2007.

Attorney(s) appearing for the Case

Robert L. Magrini, Hayes Magrini & Gatewood, of Oklahoma City, OK, argued for plaintiff-appellee. With him on the brief was Brigid F. Kennedy, Kennedy Law Firm, of Oklahoma City, OK.

Kirk T. Manhardt, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, Brian M. Simkin, Assistant Director, and Roger A. Hipp, Trial Attorney.

Edward G. Gallagher, The Surety & Fidelity Association of America, of Washington, DC, for amicus curiae.

Before LINN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

PROST, Circuit Judge.

The United States appeals a September 6, 2006, decision by the United States Court of Federal Claims granting summary judgment that the government violated its duty as stakeholder in a Miller Act payment bond case by making final payment to a government contractor after being notified by the payment bond surety, National American Insurance Company ("NAICO"), that it was asserting a right to contract...

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