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U.S. FOR USE AND BENEFIT OF WESTINGHOUSE ELEC. SUPPLY CO. v. SISSON

No. 90-1273.

927 F.2d 310 (1991)

UNITED STATES of America for the Use and Benefit of WESTINGHOUSE ELECTRIC SUPPLY COMPANY, Plaintiff-Appellee, v. Purdy L. SISSON, Defendant, and Thomas S. Mackie, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

Timothy J. Abeska, Roemer & Mintz, South Bend, Ind., for plaintiff-appellee.

D.J. Sartorio, Mark T. O'Toole, Tribler & Orpett, Chicago, Ill., for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

PER CURIAM.

A. Background

Plaintiff Westinghouse Electric Supply Company was the subcontractor on a government-let construction project at the Grissom Air Force Base in Peru, Indiana. As required under the Miller Act (40 U.S.C. §§ 270a et seq.), the general contractor posted the necessary payment bonds by signing two sureties, both of whom guaranteed payment to the subcontractor if the general contractor became insolvent.

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