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UNITED STATES v. NORTHWESTERN ENGINEERING CO.

No. 11941.

122 F.2d 600 (1941)

UNITED STATES for Use and Benefit of AMERICAN RADIATOR & STANDARD SANITARY CORPORATION v. NORTHWESTERN ENGINEERING CO. et al.

Circuit Court of Appeals, Eighth Circuit.

September 9, 1941.

Attorney(s) appearing for the Case

Gale B. Braithwaite, of Sioux Falls, S. D. (U. S. G. Cherry, of Sioux Falls, S. D., on the brief), for appellant.

H. F. Fellows and James W. Bellamy, both of Rapid City, S. D., for appellees.

Before GARDNER and JOHNSEN, Circuit Judges, and COLLET, District Judge.

JOHNSEN, Circuit Judge.

The question is whether the requirement in the Miller Act of August 24, 1935, 40 U.S.C.A. §§ 270a and 270b, for written notice to the general contractor on a public work or building, of any unpaid claim for materials or labor furnished to a subcontractor, as the foundation for a suit upon the contractor's bond, is a strict condition precedent to a right of action, or whether the giving of such a written notice can be held to be waived...

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