UNITED STATES v. H. I. LEWIS CONSTRUCTION CO.

No. 246, Docket 30807.

375 F.2d 194 (1967)

UNITED STATES of America for the Use of GENERAL ELECTRIC COMPANY, Plaintiff-Appellee, v. H. I. LEWIS CONSTRUCTION CO., Inc., and Aetna Insurance Company, Defendants and Third-Party Plaintiffs, v. The AETNA CASUALTY AND SURETY COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 9, 1967.


Attorney(s) appearing for the Case

Patrick J. Leahy, Black, Wilson & Hoff, Burlington, Vt., for plaintiff-appellee.

James J. McNamara, Burlington, Vt., Elmer W. Beasley, Hartford, Conn., McNamara, Fitzpatrick & Sylvester, Burlington, Vt., for third-party defendant-appellant.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.


WATERMAN, Circuit Judge:

On March 20, 1961, H. I. Lewis Construction Co., Inc., of Middletown, Pennsylvania (Lewis) entered into a contract with the United States to construct certain Radar Facilities at North Concord Air Force Station, North Concord, Vermont, and Aetna Insurance Company became surety on Lewis's performance and payment bonds required by the Miller Act, 40 U.S.C. § 270a-e.1

On June 1, 1961, Lewis, as the prime...

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