UNITED STATES v. PETER REISS CONSTRUCTION CO.

No. 73, Docket 25668.

273 F.2d 880 (1959)

UNITED STATES of America for the Use and Benefit of J. A. EDWARDS & CO., Inc., Plaintiff-Appellant, v. PETER REISS CONSTRUCTION CO., Inc., and The Travelers Indemnity 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.

David Morgulas, New York City (M. Carl Levine, Morgulas & Foreman, New York City, on the brief), for defendants-appellees.

Before MEDINA, MOORE and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge.

The principal question on this appeal concerns the date when the Miller Act, 40 U.S.C.A. § 270b(a), requires notice to be given to a contractor by a material-man who has furnished supplies to a subcontractor pursuant to a series of orders as distinguished from an over-all contract. Judge Bruchhausen, in a reasoned opinion, held the notice was given too late. We agree.

The use plaintiff here is the same as in United States for...

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