BIGGS, Chief Judge.
The question for our decision arises under the Miller Act, 49 Stat. 793 (1935), as amended, 40 U.S.C.A. §§ 270a-270e (1955), successor to the Heard Act, 28 Stat. 278 (1894). The United States engaged John A. Johnson & Sons, Incorporated, to construct a general medical hospital at Pittsburgh, Pennsylvania. Pursuant to Sec. 1(a) (2) of the Miller Act, 40 U.S.C.A. § 270a (a) (2), Johnson & Sons, Inc., executed a payment bond...
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