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UNITED STATES v. HOME INDEMNITY COMPANY

No. 72-1435.

489 F.2d 1004 (1973)

UNITED STATES of America, for the Use and Benefit of MATERIAL SERVICE DIVISION OF GENERAL DYNAMICS CORPORATION, Plaintiff-Appellant, v. The HOME INDEMNITY COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Harry M. Coven, Howard M. Turner, Chicago, Ill., for plaintiff-appellant.

Jesse H. Brown, Chicago, Ill., Harry M. Brostoff, Oak Brook, Ill., for defendants-appellees.

Before HASTINGS and MURRAH, Senior Circuit Judges, and PELL, Circuit Judge.

MURRAH, Senior Circuit Judge.

This is an appeal from an order dismissing a Miller Act claim1 by a materialman against a general contractor and its statutory surety on the ground that the suit was not commenced within the prescribed one-year period. The Act requires the giving of written notice within 90 days and the commencement of the suit within one year of the date when the last materials were supplied. The statute is remedial and to...

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