U.S. v. WESTERN SUR. CO.

No. 13-6076.

754 F.3d 1194 (2014)

The UNITED STATES for the Use and Benefit of MMS CONSTRUCTION & PAVING, L.L.C., an Oklahoma limited liability company, Plaintiff Counterdefendant-Appellee, v. WESTERN SURETY COMPANY, a South Dakota entity; APAC-Central, Inc., a Delaware corporation, Defendants-Appellants, and Head, Inc., an Ohio corporation, Defendant Counterclaimant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 19, 2014.


Attorney(s) appearing for the Case

Jay P. Walters ( Bryan N.B. King , K. McKenzie Anderson , with him on the briefs), Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, for Defendants Counterclaimants-Appellants.

Lance E. Schneiter , Schulte, Schneiter & Gibson, P.L.L.C., Kingfisher, OK, for Plaintiff Counterdefendant-Appellee.

Before HARTZ, EBEL, and PHILLIPS, Circuit Judges.


HARTZ, Circuit Judge.

MMS Construction & Paving, L.L.C. entered into a subcontract with Head, Inc. to pave asphalt runway shoulders at Altus Air Force Base in Oklahoma. The project was delayed and MMS, expressing concern that Head had not been making agreed payments, quit the job. MMS also complained that completing the job would be more expensive than it originally believed because certain requirements were being imposed that Head had said would be waived. After...

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