No. 82-1332.

709 F.2d 249 (1983)

The UNITED STATES of America For the Use of MAGNA MASONRY, INC., Appellee, v. R.T. WOODFIELD, INC., Defendant, and Fidelity and Deposit Company of Maryland, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1983.

Attorney(s) appearing for the Case

Mitchell H. Stabbe, Washington, D.C. (Alexander M. Heron, John A. Whitney, Holland & Knight, Washington, D.C., Douglas D. Walker, Fairfax, Va., on brief), for appellant.

Wilburn L. Moore, Fairfax, Va. (William B. Clinch, Fairfax, Va., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Fidelity and Deposit Company of Maryland, defendant below, appeals from a judgment in favor of Magna Masonry under the Miller Act, 40 U.S.C. § 270a-f, on the ground that the suit was not filed within the applicable one year limitations period. 40 U.S.C. § 270b(b). Use plaintiff Magna Masonry was the masonry subcontractor of R.T. Woodfield, Inc. on a federal construction project of which Woodfield was the general contractor...

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