Triple S Alarm Company Inc. v. Westfield Insurance Company

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED) [4024364] [12-3030]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3030
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United States of America, for the use and benefit of Triple S Alarm Co., Inc.
lllllllllllllllllllll Plaintiff - Appellant
v.
Westfield Insurance Company
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: April 9, 2013
Filed: April 12, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Triple S Alarm Co., Inc., appeals from the judgment of the District Court1
denying its motion for attorney fees and a penalty under Arkansas law or attorney fees

1

The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.

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Date Filed: 04/12/2013 Entry ID: 4024364

under the Equal Access to Justice Act, 28 U.S.C. § 2412(b), in Triple S’s suit under
the Miller Act, 40 U.S.C. § 3131. After careful de novo review of the record, see
United States v. Brummels, 15 F.3d 769, 771 (8th Cir. 1994), and having considered
the parties’ submissions on appeal, we agree with the District Court that Triple S was
not entitled to the relief that it sought for the reasons explained in the court’s opinion.
Accordingly, we affirm. See 8th Cir. R. 47B.
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Date Filed: 04/12/2013 Entry ID: 4024364