United States of America, for the Use and Benefit of Phillip E. Warren v. Alva E. Kimrey and St. Paul Fire and Marine Insurance Company

VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by defendants Alva E. Kimrey and St. Paul Fire and Marine Insurance Company (St. Paul) from final judgment based on jury verdict in favor of plaintiff Warren. Kim-rey upon the basis of a competitive bid in response to the Government’s solicitation for bids purchased specified buildings from the Army at the Pine Bluff Arsenal for $17,137.13. The buildings were to be removed and demolished. The purchaser was required to fill in excavations and grade. The fill and grading work was subcontracted to Warren. Kimrey provided the Govern…