United States v. Adams Construction Co. , 20 F. App'x 253 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1566
UNITED STATES OF AMERICA, for the use and
benefit of Tri-M Electrical Contractors,
Incorporated,
Plaintiff - Appellant,
versus
ADAMS CONSTRUCTION COMPANY, INCORPORATED;
UNITED STATES FIDELITY AND GUARANTY COMPANY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenwood. Solomon Blatt, Jr., Senior District
Judge. (CA-99-799-9-8)
Submitted: October 10, 2001 Decided: October 22, 2001
Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William M. Koontz, Steven L. Smith, SMITH & COLLINS, North Charles-
ton, South Carolina, for Appellant. Daniel J. Weber, Atlanta,
Georgia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tri-M Electrical Contractors, Incorporated (“Tri-M”) appeals
a district court order granting partial summary judgment to Adams
Construction Company Incorporated and United States Fidelity &
Guaranty Company dismissing Tri-M’s claim under the Miller Act, 40
U.S.C.A. §§ 270a et seq. (West 1986 & Supp. 2001), and dismissing
the remaining claims without prejudice. We have reviewed the rec-
ord and the district court’s oral findings and find no error. See
United States f/u/b Interstate Mechanical Construction v. Inter-
national Fidelity Ins. Co., 200 F.3d 456 (6th Cir. 2000); United
States f/u/b Noland Co. v. Andrews, 406 F.2d 790 (4th Cir. 1969).
Accordingly, we affirm on the reasoning of the district court. See
United States f/u/b v. Adams Constr. Co., No. CA-99-799-9-8 (D.S.C.
filed Mar. 26, 2001; entered Mar. 28, 2001). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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