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UNITED STATES v. SEABOARD SURETY COMPANY

No. PCA 2156.

312 F.Supp. 751 (1970)

UNITED STATES of America, for the Use and Benefit of HARRIS PAINT COMPANY, a Florida corporation, Plaintiff, v. SEABOARD SURETY COMPANY, a corporation, and W. T. Sharp, Defendants, v. K. CHAVIS GENERAL CONTRACTOR, INC., a Florida corporation, Third-Party Defendant.

United States District Court, N. D. Florida, Pensacola Division.

May 1, 1970.

Attorney(s) appearing for the Case

Gerry R. Gordon, of Rosseau, Wilkinson, Gordon & Lawrence, Tampa, Fla., for plaintiff.

Robert L. Stone, Pensacola, Fla., for defendants Seaboard Surety Co. and K. Chavis, General Contractor.

Fletcher Fleming, Pensacola, Fla., for defendant W. T. Sharp.

MEMORANDUM DECISION

ARNOW, Chief Judge.

This matter is before the Court on motions of Plaintiff Harris Paint Company and of Defendant Seaboard Surety Company for summary judgment.

The portion of the Miller Act pertinent here is found in 40 U.S.C. § 270b which reads as follows:

"Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with...

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