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UNITED STATES EX REL. PEMBROKE STEEL COMPANY v. PHOENIX GENERAL CONSTRUCTION COMPANY

Nos. 71-1990, 71-1991.

462 F.2d 1098 (1972)

UNITED STATES of America, For the Use and Benefit of PEMBROKE STEEL COMPANY, Appellee, v. PHOENIX GENERAL CONSTRUCTION COMPANY, a Corporation, and United States Fidelity & Guaranty Company, a Corporation, Appellants. UNITED STATES of America, For the Use and Benefit of SOUTHERN DETAILING COMPANY OF SAVANNAH, Inc., Appellee, v. PHOENIX GENERAL CONSTRUCTION COMPANY, a Corporation, and United States Fidelity & Guaranty Company, a Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1972.

Attorney(s) appearing for the Case

John H. Conner, McLean, Va. (Lewis, Mitchell & Moore, McLean, Va., on brief), for appellants.

Thomas S. Tisdale, Jr., Charleston, S. C. (Young, Clement & Rivers, Charleston, S.C. and Morton G. Forbes, and Pierce, Ranitz, Lee, Berry & Mahoney, Savannah, Ga., on brief), for appellees.

Before BRYAN, CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

Both of these actions were brought by subcontractors under the provisions of the Miller Act, 40 U.S.C. §§ 270a-270d. The prime contract, dated December 2, 1968, was between Phoenix General Construction Company and the United States for performance of certain work at the Vertical Missile Packaging Building, Naval Weapons Station, Charleston, South Carolina. The subcontracts, made December 1968 were between Phoenix, on the one hand, and Pembroke...

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