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UNITED STATES v. ST. PAUL FIRE & MARINE INS.

No. 73-3160.

513 F.2d 159 (1975)

UNITED STATES of America for the Use of RAY WEIST CONSTRUCTION COMPANY, Plaintiff-Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 17, 1975.

Attorney(s) appearing for the Case

Douglas A. Wilson (argued), of Wilson, Flower & Sullivan, Yakima, Wash., for plaintiff-appellant.

Jerry R. McNaul (argued), of Culp, Dwyer, Guterson & Grader, Seattle, Wash., for defendants-appellees.

Before TRASK and CHOY, Circuit Judges, and MURRAY, District Judge.

OPINION

PER CURIAM:

This appeal is from a summary judgment adverse to Ray Weist Construction Company (Weist), a subcontractor, which brought an action against a surety under the Miller Act, 40 U.S.C. §§ 270a, 270b. The district court held that it lacked jurisdiction because Weist had failed to satisfy the notice of claim requirement of § 270b.1 We affirm.

O'Leary Construction, Inc. (O'Leary), subcontracted...

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