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UNITED STATES v. MARIETTA MANUFACTURING COMPANY

Civ. A. No. 2228.

339 F.Supp. 18 (1972)

UNITED STATES of America for the Use of WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff, v. MARIETTA MANUFACTURING COMPANY and The Travelers Indemnity Company, Defendants.

United States District Court, S. D. West Virginia, Huntington Division.

February 22, 1972.

Attorney(s) appearing for the Case

W. C. Price, Jr., Payne, Minor, Ray, Price & Loeb, Charleston, W. Va., for plaintiff.

Robert H. C. Kay, Kay, Casto & Chaney, Charleston, W. Va., for Marietta Mfg. Co.

James K. Brown, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for Travelers Indemnity Co.

CHRISTIE, District Judge:

The use plaintiff, Westinghouse Electric Corporation (Westinghouse), instituted this Miller Act suit, 40 U.S.C. § 270b, against Marietta Manufacturing Company (Marietta) and its surety, The Travelers Indemnity Company (Travelers), seeking judgment for $39,006.80, claimed to be the balance owing it by Marietta for machinery and equipment furnished. The machinery and equipment were used by Marietta...

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