GE Supply v. C & G Enterprises, Inc.

CAMPBELL, Senior Circuit Judge.

Defendants, appellants G & C Enterprises, Inc. (“G & C”) and American Insurance Company (“American”) appeal from the district court’s grant of summary judgment pursuant to the Miller Act in favor of plaintiff, appellee the United States for the use and benefit of GE Supply (“GE Supply”). We affirm the judgment below, although on grounds somewhat different from those relied upon by the district court.

I

We describe the relevant facts in the light most favorable to the appellant. See New York State Dairy Foods, Inc. v. Northeast Dairy Compact Comm’n, 198 F.3d 1, 3…