United States ex rel. Graybar Electric Co. v. MacKenzie-Foster Co.

FRANCIS J. W. FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. § 270a et seq., in which petitioner Westinghouse Electric Supply Company moves to intervene to recover on its claim for the price of materials furnished to a subcontractor. Defendant Gil Wyner Co., Inc., the prime contractor, and its surety object to the al*211lowance of the motion on the ground that it is not timely.

The original complaint in this action was filed on October 24, 1960. On December 20, 1960, a document entitled “Intervening Petition of United States of America for the use of Westinghouse Electric…