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AETNA CASUALTY & SURETY COMPANY v. UNITED STATES

No. 23997.

382 F.2d 615 (1967)

AETNA CASUALTY & SURETY COMPANY, Appellant, v. UNITED STATES of America for the Use and Benefit of GIBSON STEEL COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

September 14, 1967.

Attorney(s) appearing for the Case

Howard P. Ross, Anthony S. Battaglia, St. Petersburg, Fla., Arnold M. Schwartz, Los Angeles, Cal., Parker & Battaglia, St. Petersburg, Fla., for appellant.

Irving H. Levy, Birmingham, Ala., for appellee.

Before WISDOM and GODBOLD, Circuit Judges, and McRAE, District Judge.

WISDOM, Circuit Judge:

This case presents the narrow question whether one who furnishes custom-built items to a Miller Act1 prime contractor is a subcontractor or a materialman within the meaning of the act. On the facts of this case, we hold that the key party, Rogers Fabricating Co., was a materialman. Accordingly we reverse.

Aetna Casualty and Surety Co. is the surety for the prime contractor, Paul Hardeman, Inc.-Morrison-Knudsen...

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