Charles R. Shepherd, Inc., and United States Casualty Company v. United States of America for the Use and Benefit of Sullivan, Long & Hagerty, Inc.

RIVES, Circuit Judge.

This is an action on a Miller Act 1 bond by a subcontractor (Long) against a general contractor (Shepherd) and his surety. Long’s subcontract provided for payment in ten installments, each payment to be made “within five days after receipt by Shepherd from the contracting officer of payment for the work performed by Long.” As work under the subcontract progressed, the dates between the times Shepherd was paid and when he in turn paid Long became progressively longer. The final payment by the Government to Shepherd for Long’s work, amounting to $35,470.60, was released to…