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UNITED STATES v. MASSACHUSETTS BONDING & INS. CO.

No. 12919.

272 F.2d 73 (1959)

UNITED STATES of America for the Use of OLD DOMINION IRON & STEEL CORP., a Corporation, Plaintiff-Appellee. v. MASSACHUSETTS BONDING AND INSURANCE COMPANY, a Corporation, Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided November 20, 1959.

Attorney(s) appearing for the Case

William M. Ivler, New York City (Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., on the brief), for appellant.

David Novack, Camden, N. J., for appellee.

Before GOODRICH and KALODNER, Circuit Judges, and WOOD, District Judge.

WOOD, District Judge.

The question to be decided is whether sufficient notice of sums owing to a supplier was given by the supplier to a prime contractor so as to permit the supplier to recover against the bonding company under the provisions of the Miller Act.1

Foster-Newman Contracting Co., Inc., entered into a written contract with the United States of America for construction at the...

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