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UNITED STATES v. THOMPSON CONSTRUCTION CORP.

No. 72, Docket 25667.

273 F.2d 873 (1959)

UNITED STATES of America for the Use and Benefit of J. A. EDWARDS & CO., Inc., Plaintiff-Appellant, v. THOMPSON CONSTRUCTION CORP. and Standard Accident Insurance Company, Defendants-Appellees, and Ben B. Greene, Inc., Defendant.

United States Court of Appeals Second Circuit.

Decided December 16, 1959.

Attorney(s) appearing for the Case

Irving Levine, New York City, for plaintiff-appellant.

Carl E. Buckley, New York City (Nevius, Jarvis & Pilz, New York City, on the brief), for defendants-appellees.

Before MEDINA, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

We must determine on this appeal whether sufficient notice was given defendant The Thompson Construction Corp. to entitle the use plaintiff, J. A. Edwards & Co., Inc., which furnished materials to a subcontractor, Ben B. Greene, Inc., to recover from Thompson and its surety under the bonds furnished by the latter pursuant to the Miller Act, 40 U.S.C.A. § 270a(a) (2) and 270b(a). Judge Dawson, in a reasoned opinion, held the notice...

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