United States v. All American Building System, Inc.

ORDER

VINING, District Judge.

This matter is before the court on a motion to dismiss Count Two of the complaint for failure to state a claim by defendant United States Fidelity and Guaranty Company (“USF & G”).

The plaintiff filed suit under the Miller Act, 40 U.S.C. § 270a, et seq., for recovery on a Miller Act payment bond. The plaintiff was a subcontractor to defendant All American Building Systems (“All American”) on a contract with the United States Army Corps of Engineers for work at Fort Gillem, Georgia. USF & G is the surety on the payment bond. The plaintiff alleges that it was not paid…