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UNITED STATES v. MARYLAND CASUALTY COMPANY

No. 70, Docket 31301.

384 F.2d 303 (1967)

UNITED STATES of America for the Use and Benefit of BERGEN POINT IRON WORKS, Plaintiff-Appellee, v. MARYLAND CASUALTY COMPANY and C. W. Regan, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Harold Harper, New York City (Vincent P. Uihlein, New York City, and Cohen, Swados, Wright, Hanifin & Bradford, Buffalo, N. Y., on the brief), for appellee.

Albert Foreman, New York City (Allen Ross and M. Carl Levine, Morgulas & Foreman, New York City, on the brief), for appellants.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

PER CURIAM:

This is an action brought under the Miller Act, 40 U.S.C. § 270b, by a subcontractor against the contractor and its surety. The district court entered judgment for the use plaintiff. We affirm.

Bergen and Regan entered into an oral agreement under which Bergen was to furnish certain labor and materials in connection with a construction contract between Regan and the government. The oral agreement...

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