United States ex rel. Miles Lumber Co. v. Harrison & Grimshaw Construction Co.

BREITENSTEIN, Circuit Judge.

The issue is whether the provisions of the Miller Act, 40 U.S.C.A. §§ 270a and 270b, relating to bonds furnished to the United States by contractors engaged, in the construction of federal pub-*365lie works, apply to a suit brought on a bond furnished by a contractor in connection with a military housing project under the Capehart Act.1 2If the Miller Act controls the notice given prior to suit was sufficient whereas if it does not, that notice was insufficient. The trial court denied the applicability of the Miller Act on the ground that a Cape-hart Act project was…