BUSH v. MARYLAND CASUALTY COMPANY

No. 19545.

320 F.2d 939 (1963)

David B. BUSH, Appellant, v. MARYLAND CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 8, 1963.


Attorney(s) appearing for the Case

Richard T. Trexler, New Orleans, La., for appellant.

Marian Mayer, New Orleans, La., for appellee.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.


PER CURIAM.

To preserve one's privilege under the Miller Act, a creditor, here the appellant, who has not had any contractual relationship with the prime contractor must give the prime contractor written notice of his claim within ninety days from the day he supplied the last material. 40 U.S.C.A. § 270a. In this case the prime contractor is the Succession of Voris J. Mitchell, represented by administrators pro tempore appointed by a Louisiana probate...

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