UNITED STATES v. GLASSMAN CONSTRUCTION COMPANY

No. 11631.

397 F.2d 8 (1968)

The UNITED STATES of America for the Use and Benefit of CLARK-FONTANA PAINT COMPANY, Inc., Appellant, v. GLASSMAN CONSTRUCTION COMPANY, Inc., and Home Indemnity Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 3, 1968.


Attorney(s) appearing for the Case

Sebert H. Keiffer, Washington, D. C. (Joseph F. Vallario, Jr., Washington, D. C., on the brief) for appellant.

Leonard S. Melrod, Washington, D. C. (Joseph V. Gartlan, Jr., and David S. Goldberg, Washington, D. C., on the brief) for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge:

The question, correctly framed by the district judge, is whether a supplier of materials, who has not in fact been fully paid, can recover under the Miller Act, 40 U.S.C. § 270b, the balance due when it has received and endorsed checks from the general contractor that were more than sufficient to cover that balance. We think so and reverse the judgment of the district court entered in favor of the general contractor.

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