City of Purcell v. Merco Manufacturing, Inc.

ORDER

DAUGHERTY, District Judge.

This controversy involves funds withheld by Plaintiff from its prime contractor as a- result of conflicting claims made thereon by the prime contractor, Aztec Construction Company (Aztec), and a supplier of materials, Merco Manufacturing, Inc. (Merco), used by Aztec in the performance of its contract with Plaintiff. Merco supplied the materials, consisting principally of structural steel, to Mac Steel, Inc. (Mac), which under a contract with Aztec performed various fabrication operations thereon before the steel was installed in the construction project by…