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United States v. Algernon Blair, Inc.

United States Court of Appeals for the Fourth Circuit
479 F.2d 638 (4th Cir. 1973)


Facts

Subcontractor Coastal Steel Erectors, Inc.(Coastal) (plaintiff) brought suit under the Miller Act in the name of the United States against Algernon Blair (Blair) (defendant). Blair had entered into a contract to construct a hospital and had contracted with Coastal for steel erection and equipment supply. Coastal supplied its own cranes for handling and placing steel. Blair refused to pay for crane rental, claiming it was not obligated to do so, and Coastal stopped work. Blair then hired a new subcontractor to complete the job, and Coastal brought suit to recover for labor and equipment furnished. The court denied Coastal recovery on the ground that it would have lost more than was due to it if it had completed the project, and Coastal appealed.

Rule of Law

Issue

Holding and Reasoning (Craven, J.)

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