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U.S. FOR GOLD BOND BLDG. PRODUCTS v. BLAKE CONST.

No. 86-3578.

820 F.2d 139 (1987)

UNITED STATES of America, For the Use of GOLD BOND BUILDING PRODUCTS, A DIVISION OF NATIONAL GYPSUM COMPANY, Plaintiff-Appellant, v. BLAKE CONSTRUCTION CO., INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 26, 1987.

Attorney(s) appearing for the Case

Harvey C. Koch, Gary J. Rouse, New Orleans, La., for plaintiff-appellant.

H. Bruce Shreves, Simon, Peragine, Smith & Redfearn, New Orleans, La., for defendants-appellees.

Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Under the Miller Act, 40 U.S.C. §§ 270a-270d, a prime contractor on a federal construction project involving over $25,000.00 must post a payment bond to protect those who have a direct contractual relationship with either the prime contractor or a subcontractor. But the Miller Act does not protect those more remote, such as sales from A to B to C where C is a subcontractor and A is the claimant. See J.W. Bateson...

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