United States ex rel. Krupp Steel Products, Inc. v. Aetna Insurance

FAY, Circuit Judge:

This appeal involves a suit brought under the Miller Act by plaintiff-appellee Krupp Steel Products, Inc. d/b/a Diversified Steel Services (“Diversified”), a supplier of steel. Diversified sued defendant-appellant Aetna Insurance Company (“Aetna”) as surety on a public works construction project in Tampa, Florida. At trial, Aetna attempted to raise the affirmative defense of estoppel. The trial court, however, interpreted the jury’s responses to interrogatories contained in the Special Verdict form in such a way as to conclude that Aetna had failed to establish the elements…