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UNITED STATES v. A & L MECHANICAL CONTRACTORS

No. 81-1754.

677 F.2d 383 (1982)

The UNITED STATES of America for the Use of Honeywell, Incorporated, Appellant, v. A & L MECHANICAL CONTRACTORS, INCORPORATED, Defendant, and LeBlanc Construction Company, National Surety Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1982.

Rehearing Denied May 28, 1982.

Attorney(s) appearing for the Case

Bradfute W. Davenport, Jr., Richmond, Va. (James C. Roberts, David G. Shuford, Mays, Valentine, Davenport & Moore, Richmond, Va., Cecil P. Merritt, Merritt & Gaylor, Goldsboro, N. C., on brief), for appellant.

Leonard T. Jernigan, Jr., Raleigh, N. C. (Michaels & Jernigan, Raleigh, N. C., on brief), for appellees.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and HALL, Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is a suit under the Miller Act1 against a general construction contractor and its surety to collect unpaid debts owed by a subcontractor to Honeywell. Judgment was entered for the defendants on the grounds that all of the notices of the indebtedness were untimely, that, in any event, the amount of the claim was not stated with sufficient accuracy and, moreover...

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