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MATTER OF GARDEN STATE ERECTORS, INC.

No. 78-2133.

599 F.2d 1279 (1979)

In the Matter of GARDEN STATE ERECTORS, INC., a corporation of the State of New Jersey, Debtor. Philip H. SHORE, Receiver, v. A. LEO NASH STEEL CORPORATION, (Deft.-Third-Party Pltf.), v. MacDONALD BROTHERS, INC., McClinch Crane, Inc., Industrial Metal Erection, Inc., the Connecticut Valley Crane & Rigging Co., Inc., Industrial Welding Supply, Inc. of New Jersey, Trustees of Operating Engineers Local 825 Welfare & Pension Funds, Iron Workers District Council (Philadelphia and Vicinity) Welfare & Pension Plan, (Third-Party Defts.), v. IRON WORKERS DISTRICT COUNCIL (Philadelphia and Vicinity) Welfare & Pension Plan, Trustees of Operating Engineers Local 825 Welfare & Pension Funds, (Third-Party Deft., Counter-Claimant and Fourth-Party Pltf.), v. INSURANCE COMPANY OF NORTH AMERICA, (Fourth-Party Deft.), B. J. Builder of New Jersey, Inc., (Third-Party Pltf.-Intervenor), Industrial Metal Erection, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Evan W. Broadbelt, Kordes & Clayton, Sea Girt, N. J., for appellant Industrial Metal Erection, Inc.

Philip J. Albert, Levy, Levy, Albert & Marcus, Trenton, N. J., for appellee A. Leo Nash Steel Corp.

John E. Adams, Jr., Markowitz & Zindler, Trenton, N. J., for appellee Trustees of Operating Engineers Local 825 Welfare & Pension Funds.

Harold M. Cohen, Kleinberg, Moroney, Masterson & Schachter, Millburn, N. J., for appellee Philip H. Shore, Receiver.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 30, 1979.

OPINION OF THE COURT

PER CURIAM.

This case raises the question whether a third-tier subcontractor is entitled to payment under Section 2(a) of the Miller Act, 40 U.S.C. § 270b(a) (1976), as a party "having direct contractual relationship with a subcontractor."1

B. J. Builders of New Jersey, Inc., entered into...

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