Intercargo Insurance v. United States

OPINION

LYDON, Senior Judge.

In this contract case, plaintiff, acting as a Miller Act surety for a Government contractor, seeks enforcement of its right of equitable subrogation against the Government as a result of its payment, by way of a settlement under the payment bond it issued to the contractor, to the supplier of specially manufactured materials ordered by the .contractor, who never paid said supplier and the materials were never delivered to the work site.

Defendant has moved to dismiss plaintiffs complaint for lack of. jurisdiction on two grounds. First, defendant contends that…