United States ex rel. Miller & Bentley Equipment Co. v. Kelley

MERRILL, Circuit Judge:

Miller & Bentley (use plaintiff), as supplier of equipment to a subcontractor on a Government project in Alaska, has brought this action under the Miller Act, 40 U.S.C. §§ 270a, 270b, against the gen*591eral contractor and his surety for unpaid rental of the equipment supplied. Judgment for the defendants was rendered upon the ground that the use plaintiff had not given notice of its claim to the contractor within the 90-day period prescribed by the Miller Act.1 Upon appeal the sole issue is whether the district court erred in so ruling.

The equipment involved was rented to…