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J. W. BATESON CO. v. UNITED STATES EX REL. BOARD OF TRUSTEES

No. 76-1476.

434 U.S. 586 (1978)

J. W. BATESON CO., INC., ET AL. v. UNITED STATES EX REL. BOARD OF TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND ET AL.

Supreme Court of United States.

Decided February 22, 1978.

Attorney(s) appearing for the Case

Jack Rephan argued the cause and filed briefs for petitioners.

Donald J. Capuano argued the cause for respondent. With him on the brief was Patrick C. O'Donoghue.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Under the Miller Act, 49 Stat. 793, as amended, 80 Stat. 1139, 40 U. S. C. § 270a et seq., a prime contractor on a federal construction project involving over $2,000 must post a payment bond to protect those who have a direct contractual relationship with either the prime contractor or a "subcontractor." The issue in this case is whether the term "subcontractor," as used in the Act, encompasses a...

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