United States ex rel. Capitol Electric Supply Co. v. C. J. Electrical Contractors, Inc.

LEVIN H. CAMPBELL, Circuit Judge.

This Miller Act case involves a government contract for the furnishing and installation of lighting fixtures in a Department of Transportation parking lot. The government awarded the contract to the defendant C. J. Electrical Contractors, Inc. (C.J.), and C.J. in turn contracted with the plaintiff, Capitol Electric Supply Co. (Capitol), to obtain the fixtures. The fixtures supplied initially by Capitol included floodlights that did not conform to the government specifications, but C.J., without notifying Capitol, arranged with the manufacturer to exchange…