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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. UNITED STATES

No. 16431.

299 F.2d 930 (1962)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Appellant, v. UNITED STATES to Use and Benefit of BAILEY-LEWIS-WILLIAMS OF FLORIDA, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 15, 1962.

Attorney(s) appearing for the Case

Mr. Geoffrey Creyke, Jr., Washington, D. C., with whom Messrs. J. Mitchell Brown, Henry M. Moore and Roy S. Mitchell, Washington, D. C., were on the brief, for appellant.

Mr. Walter E. Dillon, Jr., Washington, D. C., for Bailey-Lewis-Williams of Florida, Inc.

Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Donald S. Smith, Asst. U. S. Atty., entered appearances for the United States.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court denying the defendant-appellant's motion to dismiss a suit brought against the surety on a contractor's bond furnished under the Miller Act, 49 Stat. 793, 794 (1935), 40 U.S.C. §§ 270a, 270b (1958). We allowed an interlocutory appeal under 28 U.S.C. § 1292(b) (1958). On the basis of the well-reasoned opinion of District Judge Matthews, 195 F.Supp. 752

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