The United States of America for the Use of Magna Masonry, Inc. v. R.T. Woodfield, Inc., and Fidelity and Deposit Company of Maryland

DONALD RUSSELL, Circuit Judge:

Fidelity and Deposit Company of Maryland, defendant below, appeals from a judgment in favor of Magna Masonry under the Miller Act, 40 U.S.C. § 270a-f, on the ground that the suit was not filed within the applicable one year limitations period. 40 U.S.C. § 270b(b). Use plaintiff Magna Masonry was the masonry subcontractor of R.T. Woodfield, Inc. on a federal construction project of which Woodfield was the general contractor. Under the Labor and Material Payment Bond required by the Miller Act, 40 U.S.C. § 270a(a)(2), Fidelity was Woodfield’s surety. Magna began…