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DEPARTMENT OF ARMY v. BLUE FOX, INC.

No. 97-1642.

525 U.S. 255 (1999)

DEPARTMENT OF THE ARMY v. BLUE FOX, INC.

United States Supreme Court.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Jeffrey A. Lamken argued the cause for petitioner. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, and Barbara C. Biddle.

Thomas F. Spaulding argued the cause for respondent. With him on the brief was David A. Webster.*

Rehnquist, C. J., delivered the opinion for a unanimous Court.

Chief Justice Rehnquist delivered the opinion of the Court.

An insolvent prime contractor failed to pay a subcontractor for work the latter completed on a construction project for the Department of the Army. The Department of the Army having required no Miller Act bond from the prime contractor, the subcontractor sought to collect directly from the Army by asserting an equitable lien on certain funds held by the Army. The...

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