United States Ex Rel. Lanahan Lumber Co. v. Spearin, Preston & Burrows, Inc.

OPINION AND ORDER DENYING MOTION TO DISMISS

SUSAN H. BLACK, District Judge.

This case involves a claim under the Miller Act, 40 U.S.C. § 270a et seq., arising out of the construction of the Fort Clinch Fishing Pier Recreation Facilities at Fernandina Harbor. Defendant, Spearin, Preston & Burrows, Inc. (hereinafter “Spearin”), entered into a contract with the United States for construction of the pier. Pursuant to the Miller Act and the terms of the contract, Spearin, as principal, and defendant, Seaboard Surety Co. (hereinafter “Seaboard”), as surety, delivered to the United States a payment…