United States of America, F/u/b/o Krupp Steel Products, Inc., D/B/A Diversified Steel Services v. Aetna Insurance Company

JOHNSON, Circuit Judge:

Krupp Steel Products, Inc., d/b/a Diversified Steel Services, is a supplier of steel. Allied Steel Fabrications fabricates steel. As a subcontractor under contractor John D. Grubbs, Inc., for construction of the Forest Hills Post Office in Tampa, Florida, Allied ordered steel from Diversified. Only one payment of $10,058.39 has been made for Diversified’s deliveries to Allied. Allied still owes Diversified $39,667.82. To cover the outstanding payments Diversified sued Aetna Insurance Company, the surety for the project, under the Miller Act.

The District Court granted…