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UNITED STATES v. AETNA CASUALTY & SURETY CO.

Nos. 72-1422, 72-1468.

480 F.2d 1095 (1973)

UNITED STATES of America For and on Behalf of J. W. Smith & Co., Plaintiff-Appellant, v. AETNA CASUALTY & SURETY CO., and Wieman-Slechta Co., Defendants-Appellees. UNITED STATES of America For and on Behalf of J. W. Smith & Co., Plaintiff-Appellee, v. AETNA CASUALTY & SURETY CO., and Wieman-Slechta Co., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Warren S. Zwieback, Omaha, Neb., for J. W. Smith & Co.

Stephen A. Davis, Omaha, Neb., for Aetna Casualty.

James F. Kasher, Omaha, Neb., for Wieman-Slechta.

Before MATTHES, Chief Judge, and MEHAFFY and STEPHENSON, Circuit Judges.

MATTHES, Chief Judge.

J. W. Smith and Company (Smith), a mechanical subcontractor, instituted this suit under the Miller Act, 40 U.S.C. § 270a et seq., to recover from the prime contractor, Wieman-Slechta Company (Wieman-Slechta), and its surety, Aetna Casualty and Surety Company (Aetna), the sum of $23,618.89 allegedly due on a subcontract in connection with a federal construction project.

Two issues were tried to the court, the first being whether a...

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