U.S. EX REL. E & H STEEL v. C. PYRAMID ENTERPRISES

No. 06-4209.

509 F.3d 184 (2007)

UNITED STATES of America for the use and Benefit of E & H STEEL CORPORATION v. C. PYRAMID ENTERPRISES, INC.; Fidelity & Deposit Company of Maryland; and Zurich American Insurance Company, E & H Steel Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 27, 2007.


Attorney(s) appearing for the Case

David W. Mockbee, Esquire, (Argued), Mary Elizabeth Hall, Esquire, Mockbee Hall & Drake, P.A., Jackson, MS, Sandhya M. Feltes, Esquire, Kaplin, Stewart, Meloff, Reiter & Stein, Blue Bell, PA, Attorneys for Appellant.

Paul W. Norris, Esquire, (Argued) Lewis J. Pepperman, Esquire, Stark & Stark, A Professional Corporation, Princeton, NJ, Attorneys for Appellees.

Before: SLOVITER, SMITH and WEIS, Circuit Judges.


OPINION

WEIS, Circuit Judge.

In this Miller Act case, we decide that a firm acted as a subcontractor when it supplied fabricated steel to the prime contractor that then used the material to construct the framework for a large Air Force facility. The subcontractor defaulted in payments due the company that it hired to fabricate the steel and deliver it to the construction site. The District Court denied recovery...

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