United States ex rel. Trane Co. v. Raymar Contracting Corp.

MEMORANDUM

MaeMAHON, District Judge.

This is an action under the Miller Act brought by a supplier of materials to a defaulting subcontractor on a post office project against the prime contractor and sureties. The question for determination is whether the action is time-barred under the one-year limitation provision of the Miller Act, 40 U.S.C. § 270b.

*235The court finds that the following facts were established upon the trial:

The use plaintiff, Trane, has its principal place of business in La Crosse, Wisconsin. At the times involved, it also had an office in New York which was staffed by a manager…