UNITED STATES v. SEABOARD SURETY COMPANY

No. 30344 Summary Calendar.

437 F.2d 37 (1971)

UNITED STATES of America, for the Use and Benefit of HARRIS PAINT COMPANY, a Florida corporation, Plaintiff-Appellant, v. SEABOARD SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1971.


Attorney(s) appearing for the Case

Gerry R. Gordon, Tampa, Fla., for plaintiff-appellant.

Robert L. Stone, Pensacola, Fla., for defendant-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


AINSWORTH, Circuit Judge:

The Harris Paint Company, as supplier of materials to a subcontractor on a Government construction project, brought this action under the Miller Act, 40 U.S.C. §§ 270a-e, against the prime contractor's surety for the unpaid price of materials supplied. The District Judge granted summary judgment for the defendant, on the ground that Harris had failed to give notice of its claim to the prime contractor within the 90-day period prescribed...

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