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GULF STATES ENTERPRISES v. R.R. TWAY, INC.

No. 90-3484 Summary Calendar.

938 F.2d 583 (1991)

UNITED STATES of America for the Use and Benefit of GULF STATES ENTERPRISES, INC., Plaintiff-Appellant, v. R.R. TWAY, INC., Phil Hoffman, Inc., and Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 12, 1991.

Attorney(s) appearing for the Case

Charles H. Braud, Jr., Covert & Braud, Baton Rouge, La., for plaintiff-appellant.

Carolyn Pratt Perry, Baton Rouge, La., for defendants-appellees.

Before JOHNSON, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

Use Plaintiff-Appellant, Gulf States Enterprises Company, Inc., appeals from the magistrate judge's judgment in favor of Defendants-Appellees, R.R. Tway, Inc., Phil Hoffman, Inc., and Federal Insurance Company, on a claim under the Miller Act, 40 U.S.C. § 270a, et seq., for payment of equipment rentals. Finding no error in the magistrate judge's alternative determinations that (1) the Miller Act claims were time barred, (2) Gulf States' connection...

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