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PENSACOLA CONST. CO. v. ST. PAUL FIRE AND MARINE

Civ. A. No. 88-1604.

705 F.Supp. 306 (1988)

The UNITED STATES of America For the Use of PENSACOLA CONSTRUCTION CO. v. ST. PAUL FIRE AND MARINE INSURANCE CO. and John Massman Contracting Company.

United States District Court, W.D. Louisiana, Alexandria Division.

As Amended January 24, 1989.

Attorney(s) appearing for the Case

Robert E. Winn, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, La., for Pensacola Const. Co.

Deutsch, Kerrigan & Stiles, Charles F. Seemann, Jr., Matt J. Farley and Bobby M. Harges, New Orleans, La., Leritz, Reinert & Duree, P.C., Bernard A. Reinert, St. Louis, Mo., for St. Paul Fire & Marine Ins. Co.

Pharis & Pharis, Fred A. Pharis, Alexandria, La., for John Massman Contracting, John T. Massman and Carolyn Sue Massman.

RULING

LITTLE, District Judge.

I. PROCEDURAL BACKGROUND

The plaintiff subcontractor, Pensacola Construction Co., sued the defendant prime contractor, John Massman Contracting Co., and the defendant surety, St. Paul Fire and Marine Insurance Co., under the Miller Act, 40 U.S.C. §§ 270a et seq. The plaintiff alleges that it has performed its contractual duties but has yet to receive compensation. The plaintiff is also claiming that...

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