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UNITED STATES, ETC. v. COMMUNITY SCIENCE TECH.

No. 76-2022.

574 F.2d 1292 (1978)

UNITED STATES of America for the Use and Benefit of MICRO-KING COMPANY, Plaintiff-Appellee Cross Appellant, v. COMMUNITY SCIENCE TECHNOLOGY, INC., Community Science Technology Development Corporation and Great American Insurance Company, Defendants-Appellants Cross Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 1978.

Attorney(s) appearing for the Case

John C. Bell, Jr., James E. Slaton, Augusta, Ga., John L. Blandford, Chamblee, Ga., for defendants-appellants cross appellees.

William A. Trotter, III, Augusta, Ga., for plaintiff-appellee cross appellant.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

This is a case brought under the Miller Act, 40 U.S.C. §§ 270a et seq. (1970), by use plaintiff Micro-King, a subcontractor, against the prime contractor, Community Science Technology, Inc. (CST), and the surety supplying its performance and payment bonds for the job, The Great American Insurance Company. The district court found for Micro-King on its claim that CST breached its contract by failing to make a substantial payment...

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