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Selden & Keenan Obtain Favorable Ruling from the 11th Circuit in a Surety Case

In an appeal handled by Tom Selden and Matt Keenan, the 11th Circuit Court of Appeals recently affirmed entry of summary judgment in favor of a surety company in a suit by a subcontractor under the Federal Miller Act.  The subcontractor originally obtained a judgment against the bonded contractor in State Court, then filed a separate action against the surety company in Federal District Court, arguing that the Court should give full faith and credit to the State Court judgment and find the judgment binding against the surety company. The District Court disagreed, holding that jurisdiction against the surety under the Miller Act lies exclusively in Federal Court, and further, that the claim was time-barred. On appeal, the 11th Circuit affirmed the District Court’s ruling.

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