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UNITED STATES v. GENERAL INSURANCE COMPANY OF AMERICA

No. 15761.

339 F.2d 194 (1964)

UNITED STATES of America ex rel. DOVER ELEVATOR COMPANY, Etc., Plaintiff-Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, A Washington Corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 18, 1964.

Attorney(s) appearing for the Case

John B. Mack, Memphis, Tenn., Clifton, Mack, & Kirkpatrick, Memphis, Tenn., of counsel, for appellant.

James W. McDonnell, Jr., Memphis, Tenn., Canada, Russell & Turner, Memphis, Tenn., of counsel, for appellee.

Before WEICK, Chief Judge, MILLER, Circuit Judge, and TALBOT SMITH, District Judge.

PER CURIAM.

This action was brought in the District Court under the Miller Act,1 by a materialman against a bonding company, to recover the value of materials furnished on a public improvement. The defense was that the action was not brought prior to "the expiration of one year after the date of final settlement of such contract," as required by Section 270b(b) of the Act which was in force at the time the contract was entered into.

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