United States Ex Rel. Benefit of T Square Equipment Corp. v. Gregor J. Schaefer Sons, Inc.

MISHLER, District Judge.

This is a claim under the Miller Act, 40 U.S.C. § 270b (1964) for work, labor, services and materials furnished by the plaintiff in connection with the heating and ventilation system at the United States Naval Reserve Training Center in Whitestone, Borough of Queens, New York.

The defendant, Gregor J. Schaefer Sons, Inc. (Schaefer), was awarded the general contract for the construction of an addition to the Whitestone Armory. On February 8, 1962, Schaefer entered into a subcontract with the plaintiff, T Square Equipment Corp. (T Square), whereby the latter agreed to…