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U.S. EX REL. JOHNSON PUGH MECH. v. LANDMARK CONST. CORP.

No. CIV.01-B-2406(BNB).

318 F.Supp.2d 1057 (2004)

THE UNITED STATES of America for the Use and Benefit of JOHNSON PUGH MECHANICAL, INC., Plaintiff, v. LANDMARK CONSTRUCTION CORPORATION and The Mountbatten Surety Co., Inc., Defendants, Doug Pourier, William Clary, Kathleen Clary, and PI Construction Corporation, Third-party Defendants.

United States District Court, D. Colorado.

May 21, 2004.

Attorney(s) appearing for the Case

David L. Shakes, Hendricks, Hendricks & Shakes, P.C., Colorado Springs, CO, for Plaintiff.

Mike F. Pipkin, Sedgwick, Detert, Moran & Arnold, LLP, Dallas, TX, for Defendants, Cross-Claimant and Third-Party Plaintiff.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER

BABCOCK, Chief Judge.

This is a Miller Act action. See 40 U.S.C. §§ 3131(a)-(d). A trial to the Court was held February 23, 2004 through February 26, 2004. Plaintiff Johnson Pugh Mechanical, Inc. ("Johnson Pugh," or "JP") demands payment of $1,158,239.99 plus interest based on payment bonds executed by Defendant Mountbatten Surety Company,...

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