DEVLIN LUMBER AND SUPPLY CORPORATION v. UNITED STATES

No. 73-1530.

488 F.2d 88 (1973)

DEVLIN LUMBER AND SUPPLY CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1973.


Attorney(s) appearing for the Case

Jerome P. Friedlander, II, Arlington, Va. (Mark P. Friedlander, Jr., Friedlander, Friedlander & Brooks, Arlington, Va., on brief), for appellant.

Karen K. Siegel, Atty. (Harlington Wood, Jr., Asst. Atty. Gen., Kathryn H. Baldwin and Morton Hollander, Attys., U.S. Dept. of Justice, and Brian P. Gettings, U.S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.


PER CURIAM:

This case involves the liability of the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2674, for the loss suffered by a materialman because the government's contracting officer failed to require a payment bond from the contractor, as required by the Miller Act, 40 U.S.C. § 270a.

The Federal Tort Claims Act makes the United States liable, "* * * relating to tort claims, in the same manner and to the same extent...

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