MacCaferri Gabions, Inc. v. Dynateria Inc.

PHILLIPS, Senior Circuit Judge:

Maecaferri Gabions, Inc. (Maccaferri), a materialman, sued general contractor Wilkinson & Jenkins Construction Co., Inc. (W & J) and its surety, The Ohio Casualty Insurance Co., for the balance due on materials Maccaf-erri had supplied on a federal construction project. The jury found for Maccaferri on three of its claims — one based on the Miller Act, 40 U.S.C. §§ 270a-270d (1986), one on a third-party beneficiary theory, and one on promissory estoppel — and the district court then denied W & J and Ohio Casualty’s motions for judgment as a matter of law on each…