United States Ex Rel. Pensacola Construction Co. v. St. Paul Fire & Marine Insurance

RULING

LITTLE, District Judge.

I. PROCEDURAL BACKGROUND

The plaintiff subcontractor, Pensacola Construction Co., sued the defendant prime contractor, John Massman Contracting Company, under the Miller Act, 40 U.S.C. §§ 270a et seq. The plaintiff, in its original complaint, alleged that St. Paul owed penalties and attorney fees under La. R.S. 22:658. St. Paul moved to dismiss Pensacola’s claims for damages and attorney fees on the grounds that they are not recoverable under the Miller Act. On 13 December 1988, this court ruled in favor of St. Paul, 705 F.Supp. 306. Although the plaintiff's claims…