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UNITED STATES v. CONTINENTAL CASUALTY COMPANY

Civ. A. No. 69-1788.

357 F.Supp. 795 (1973)

UNITED STATES of America For the Use and Benefit of ATLAS ERECTION COMPANY, INC. v. CONTINENTAL CASUALTY COMPANY et al.

United States District Court, E. D. Louisiana.

March 30, 1973.

Attorney(s) appearing for the Case

Kenneth V. Ward, New Orleans, La., for plaintiff.

A. Morgan Brian, Jr., Deutsch, Kerrigan & Stiles, New Orleans, La., for defendants.

JACK M. GORDON, District Judge:

The plaintiff, Atlas Erection Company, Inc., is a subcontractor who is asserting a claim for $8,226.90 against the prime contractor, Mike Bradford and Company, Inc., and its surety, Continental Casualty Company, on a statutory payment bond furnished pursuant to the requirements of the Miller Act, 40 U.S. C. § 270a et seq. The prime contractor defaulted prior to its completion of the government project so it is merely a nominal...

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