United States ex rel. Soda v. Montgomery

FOLLMER, District Judge.

The facts involved in this action under the “Miller Act” by plaintiff, Soda, as the owner of certain excavation equipment against Montgomery as a prime contractor on a contract with the United States for government construction work, are set forth in this Court’s original Findings of Fact (152 F.Supp. 309) and the Opinion of the Court of Appeals (3 Cir., 253 F.2d 509). The proceedings are before us now on remand.

Section 2(b) of the Miller Act, 40 U.S.C.A. § 270b provides that “(b) * * * no such suit shall be commenced after the expiration of one year after the date of…