United States ex rel. General Electric Supply Co. v. United States Fidelity & Guaranty Co.

BATCHELDER, Circuit Judge.

Defendants appeal the district court’s granting of summary judgment for the plain*578tiff in this suit on a surety bond brought under the Miller Act, 40 U.S.C. § 270a. Finding that the district court lacked jurisdiction over the dispute under the Miller Act, .we must remand to the district court to determine whether it has jurisdiction under 28 U.S.C. § 1252 or any other federal statute, and, if it' does, to reexamine the issues in light of that alternative jurisdictional basis.

I

On May 11, 1988, the E.H. Hughes Co. (Hughes) entered into a contract with the City of…