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UNITED STATES v. FRANCHI BROS. CONSTRUCTION CORP.

No. 99, Docket 30611.

378 F.2d 134 (1967)

UNITED STATES of America, for the Use and Benefit of HYLAND ELECTRICAL SUPPLY CO., Appellee (Plaintiff), v. FRANCHI BROS. CONSTRUCTION CORP. and Maryland Casualty Company, Appellants (Defendants).

United States Court of Appeals Second Circuit.

Decided May 23, 1967.

Attorney(s) appearing for the Case

Robert A. Erdmann, Burlington, Vt. (Wick, Dinse & Allen, Burlington, Vt., on the brief), for appellants.

Norman Hanfling, Chicago, Ill. (Joseph C. McNeil, Burlington, Vt., Samuel W. Fishman, Vergennes, Vt., on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge:

Appellant, Franchi Brothers Construction Corp. (Franchi), contracted with the United States, in October of 1962, to construct an ammunition storage facility (the storage facility) in Burlington, Vermont. Pursuant to 40 U.S.C.A. 270a et seq. (the Miller Act), Franchi furnished the United States with a payment bond, naming Franchi as principal and appellant Maryland Casualty Co. (Maryland) as surety, conditioned on prompt payment to all suppliers...

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