United States of America for Use and Benefit of Eastern Gulf, Inc. v. Metzger Towing, Inc., and the Travelers Indemnity Company

HILL, Senior Circuit Judge:

This appeal involves claims for (1) breach of a towage agreement and (2) “sums justly due” under the Miller Act, 40 U.S.C. §§ 270a-270d (1986), for “labor or material” supplied in connection with a United States Army Corps of Engineers (“Corps”) project to build a revetment on the Gailli-ard Disposal Island (“Gailliard”) in Mobile Bay, Alabama.1 Plaintiff, Eastern Gulf, Inc. (“Eastern”), an Alabama Corporation that owned and operated the tugboat SOUTHERN MISS during 1986 and 1987, brought suit against Metzger Towing, Inc. (“Metzger”), a Mississippi Corporation, for…