J. W. Carruth, D/B/A Carruth Contracting Company v. Standard Accident Insurance Co.

GRIFFIN B. BELL, Circuit Judge.

Carruth, a subcontractor, sued to recover for unpaid rentals of heavy equipment he supplied to Taylor-Wheless Company, a partnership, for use in the performance of certain earthwork on a construction job. The suit was brought against Taylor-Wheless, and five surety companies securing a conventional or private payment bond given by Taylor-Wheless to the prime contractor. The District Court granted the motion of the sureties to dismiss as to them on the basis that the language of the bond was not broad enough to cover equipment rentals. Final judgment was entered…