United States ex rel. Bryant v. Lembke Construction Co.

HILL, Circuit Judge.

This Miller Act case was brought in the United States District Court by the use plaintiff-appellant against appellees Lembke Construction Company, Inc., a prime contractor on a government construction contract, and its surety, Glens Falls Insurance Company. The District Court rendered judgment for the appellees.

Appellee Lembke Construction Company contracted to construct certain facilities for the United States Government. As required by the Miller Act,1 a payment bonding agreement was entered into —the bonding company being appellee Glens Falls Insurance Company.…