UNITED STATES, ETC. v. LEON PERLIN CO., INC.

No. 81-1898.

680 F.2d 340 (1982)

UNITED STATES of America for the use and benefit of GIBSON EQUIPMENT COMPANY, INC., Appellee, v. LEON PERLIN COMPANY, INC. and Insurance Company of North America, Appellants, and Charlie Ulisse and Sons, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1982.


Attorney(s) appearing for the Case

Herbert V. Kelly, Jr., Newport News, Va. (Jones, Blechman, Woltz & Kelly, P. C., Newport News, Va., on brief), for appellants.

Joan W. Gibson, Virginia Beach, Va., for appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and ROBERT D. POTTER, United States District Judge for the Western District of North Carolina, sitting by designation.


DONALD RUSSELL, Circuit Judge:

This action arises under section 2 of the Miller Act, 40 U.S.C. § 270b, which allows "any person having direct contractual relationship with a subcontractor" to sue upon the payment bond required of prime contractors for the Government. The district court entered judgment in the amount of $15,579.01 in favor of Gibson Equipment Company, Inc. (Gibson), for equipment and materials it furnished to Charlie Ulisse and Sons, Inc. (Ulisse...

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