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MILLER v. MILLS CONST., INC.

No. 02-3793.

352 F.3d 1166 (2003)

Wilma MILLER, doing business as Double Diamond Construction, Plaintiff-Appellee, v. MILLS CONSTRUCTION, INC.; Van Tol Surety Company, Inc., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 18, 2003.

Attorney(s) appearing for the Case

James E. Moore, Sioux Falls, SD and Thomas M. Frankman, Sioux Falls, SD, for appellant.

John F. Thomas, A. Stevenson Bogue and Michael T. Eversden, Omaha, NE, for appellee.

Before LOKEN, Chief Judge, LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Wilma Miller, doing business as Double Diamond Construction ("Double Diamond"), filed suit against Mills Construction, Inc. ("Mills") and its surety, Van Tol Surety Co., Inc. ("Van Tol"), alleging that Mills failed to compensate Double Diamond for work performed under a subcontract between Double Diamond and Mills. The district court found in favor of Double Diamond in the amount of $83,723 and awarded prejudgment interest in the amount of $33...

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