Ramona Equipment Rental, Inc. Ex Rel. United States v. Carolina Casualty Insurance

Dissent by Judge ERICKSON.

OPINION

PAEZ, Circuit Judge:

Candelaria Corporation (“Candelaria”), a prime contractor on a federal construction project, Carolina Casualty Insurance Company (“CCIC”), its surety, and Otay Group, Inc. (“Otay”), a subcontractor (collectively, “Defendants”), appeal the district court’s judgment in favor of Ramona Equipment Rental, Inc. (“Ramona”), Candelaria’s supplier of rental equipment, *1066in Ramona’s action under the Miller Act, 40 U.S.C. §§ 3131-3134. The suit involves Otay’s failure to pay for equipment rented from Ramona on an open book account. As required by the…