GEWIN, Circuit Judge:
This is an appeal from an order dismissing an action brought pursuant to the Miller Act, 40 U.S.C. § 270a et seq.
On November 9, 1972 appellee Weiss Pollution Control Corporation (Weiss) entered into a construction contract with the United States, acting by and through the Army Corps of Engineers, for certain canal and bridge construction work on the project commonly known as the Tampa Bypass Canal. At the same time appellee...
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