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AETNA CASUALTY AND SURETY COMPANY v. UNITED STATES

No. 29169.

435 F.2d 1082 (1970)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellee, v. UNITED STATES of America et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 29, 1970.

Attorney(s) appearing for the Case

Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Karl Schmeidler, Crombie J. D. Garrett, Attys., Dept. of Justice, Washington, D. C., for defendants-appellants.

James A. Williams, Bailey, Williams, Weber & Allums, Dallas, Tex., for plaintiff-appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of the Court of Claims.

NICHOLS, Judge:

This case comes up on appeal by the Government from an order of the court below granting plaintiff's motion for summary judgment.

The plaintiff is a surety under the Miller Act, 40 U.S.C. § 270a et seq., on a contract for the construction of park roads on the McGee Bend Dam and Reservoir, Angelina, Texas. The question presented here is like that stated in the controlling case of Trinity Universal Insurance Company v. United States,

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