United States of America for the Use and Benefit of Industrial Instrument Corporation v. Paul Hardeman, Inc.

HUTCHESON, Circuit Judge.

After a lengthy hearing in this cause, a Miller Act suit, in which the Use-plaintiff, Industrial Instrument Corp. (IIC), a supplier of equipment under Atlas Missile contracts, brought suit against the general contractor, Paul Hardeman, Inc., its surety on the Miller Act payment bond, and the sub-contractor with whom IIC had a direct contractual relationship, this cause came on to be heard on the motions for summary judgment of the Use-plaintiff and of the defendants.

After weeks of deposition taking and extended efforts to simplify the myriad complex controverted…