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U.S. v. WNH LTD. PARTNERSHIP

Nos. 92-1467, 92-1775.

995 F.2d 515 (1993)

UNITED STATES of America, for the Use and Benefit of GLOBAL BUILDING SUPPLY, INCORPORATED, Plaintiff-Appellant, v. WNH LIMITED PARTNERSHIP; Thomas P. Harkins, Incorporated; Harkins Builders, Incorporated; the Federal Insurance Company, Defendants-Appellees, and Toledo Drywall, Incorporated, Defendant. UNITED STATES of America, for the Use and Benefit of SUPERIOR SUPPLY ASSOCIATES, INCORPORATED, Plaintiff-Appellant, v. WNH LIMITED PARTNERSHIP; Thomas P. Harkins, Incorporated; Harkins Builders, Incorporated; Toledo Drywall, Incorporated; Today Contractors, Incorporated; the Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Robert Keith Richardson, Odin, Feldman & Pittleman, P.C., Fairfax, VA, argued, for plaintiff-appellant.

David Charles Hjortsberg, Reese & Carney, Columbia, MD, argued, for defendants-appellees.

Before PHILLIPS and NIEMEYER, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The Miller Act, 40 U.S.C. § 270a et seq., requires persons awarded substantial public works contracts with the United States to post a payment bond protecting some of those supplying the contract's labor and materials from defaults in payment. In this case we consider whether two materials suppliers victimized by such a default can lay claim to the bond or whether they are too distant from the party contracting...

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