Riley-Stabler Construction Company, a Division of Riley Lumber & Supply Compnay, Inc. v. Westinghouse Electric Corporation

HUGHES, District Judge:

In Westinghouse’s motion for rehearing it is its contention that the majority opinion of this Court is in conflict with Bruce Construction Corporation v. United States for Use of Westinghouse Elec-*527trie Supply Company, 242 F.2d 873 (5th Cir. 1957).

An examination of Bruce reveals that it is a Miller Act case and one in which summary judgment was rendered, but the facts differ from those in this case. In Bruce the questions of diversion and good faith were not raised. There was no contention that any materials though ordered for the job were not used for that purpose. All…