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TRINITY UNIVERSAL INSURANCE COMPANY v. UNITED STATES

No. 24246.

382 F.2d 317 (1967)

TRINITY UNIVERSAL INSURANCE COMPANY and First National Bank in Dallas, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 12, 1967.

Attorney(s) appearing for the Case

Lloyd E. Elliott, Brundidge, Fountain, Elliott & Churchill, Dallas, Tex., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Robert H. Solomon, Attys., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Fort Worth, Tex., Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before RIVES, WISDOM and GOLDBERG, Circuit Judges.

RIVES, Circuit Judge.

This case presents the clear-cut issue of whether, when a Miller Act1 surety completes a defaulted contract pursuant to its performance bond, the government may set off taxes owed by the contractor against the surety's claim to the fund retained by the government to insure performance.

Dallas Building, Inc., the contractor, was awarded a contract for the construction of a nuclear warfare laboratory at Kirtland...

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