TRINITY UNIVERSAL INSURANCE COMPANY v. GIRDNER

No. 24149.

379 F.2d 317 (1967)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. Charles L. GIRDNER, d/b/a Girdner Electric & Refrigeration Service, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 11, 1967.


Attorney(s) appearing for the Case

J. Mack Ausburn, San Antonio, Tex., for appellant.

James Little, Big Spring, Tex., for appellee.

Before RIVES, WISDOM, and GOLDBERG, Circuit Judges.


PER CURIAM:

The Miller Act statute of limitations provides that no subcontractor may commence suit against the Miller Act surety "after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him." 40 U.S.C. § 270b(b).

In this case the only work done by the subcontractor within the year before the commencement of suit was to replace some defective pipe insulation which he had previously installed...

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