UNITED STATES v. PERRY

No. 9473.

115 F.2d 724 (1940)

UNITED STATES, for Use of BIRMINGHAM SLAG CO., v. PERRY et al.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1940.


Attorney(s) appearing for the Case

William Marvin Woodall, of Birmingham, Ala., for appellant.

H. H. Grooms, of Birmingham, Ala., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

To decide this case, we must determine whether under Section 2 of the Miller Act, 49 Stat. 794, 40 U.S.C.A. § 270b, actual notice to a contractor that his subcontractor has failed to pay a claim for material furnished, when given by ordinary mail and not by registered mail, is sufficient to vest in the materialman a right of action on the contractor's payment bond.

The question arose in this way: On June 30, 1938, the United States...

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