United States ex rel. Custom Fabricators, Inc. v. Dick Olson Constructors, Inc.

Appellant the United States of America, for the Use and Benefit of Custom Fabricators, Inc., brought this action under the Miller Act, 40 U.S.C. §§ 270a-270b, alleging that appellee Formicove, Inc. failed to pay monies owed Custom Fabricators on a subcontract for supply of cabinets and countertops on an Air Force contract held by Formicove. The district court entered judgment against Custom Fabricators on July 15,1986. Custom Fabricators filed its notice of appeal on August 22, 1986, 38 days later.

Fed.R.App.P. 4(a)(1) provides that a notice of appeal must be filed “within 30 days of the entry…