Boyd Callan, Inc. v. United States ex rel. Steves Industries, Inc.

RIVES, Circuit Judge.

Boyd Callan, Inc., hereafter Callan, entered into a contract with the United States for improving the channel of the San Antonio River near San Antonio, Texas, and, in accordance with the requirements of the Miller Act,1 executed a payment bond with Trinity Universal Insurance Company, hereafter Trinity, as surety “for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract.”2 B. D. McMillan, Inc., hereafter McMillan, was a subcontractor on the project. Use plaintiff, Steves Industries, Inc., d/b/a Ingram…