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UNITED STATES, ETC. v. NEOSHO CONST. CO., INC.

No. 77-1881.

599 F.2d 930 (1979)

The UNITED STATES of America for the Use and Benefit of OLMSTED ELECTRIC, INC., a corporation, Plaintiff-Appellee, v. NEOSHO CONSTRUCTION COMPANY, INCORPORATED and the Travelers Indemnity Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 31, 1979.

Attorney(s) appearing for the Case

John L. Richeson, Ottawa, Kan. (Anderson, Byrd & Richeson, Ottawa, Kan., on brief), for plaintiff-appellee.

Larry G. Pepperdine, Topeka, Kan. (Fisher, Patterson, Sayler & Smith, Topeka, Kan., and David H. Heilman, Council Grove, Kan., on brief), for defendants-appellants.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a Miller Act case and the issue is whether the supplier gave timely notice to a general contractor of its claim against a subcontractor. The supplier brought suit against the general contractor and its surety under the provisions of the Miller Act for materials which it had furnished a subcontractor and for which payment had not been received. Both the supplier and the general contractor moved for summary judgment.

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