National Surety Corporation v. The United States of America for the Use of Way Panama, S. A.

HUTCHESON, Circuit Judge:

This appeal is from a judgment of the district court, 1 sitting without a jury, which allowed recovery by the use plaintiff Way Panama, S.A. (hereafter appel lee) against National Surety Corporation (hereafter Surety) on a Miller Act 2 payment bond. Surety urges reversal on two grounds: (1) that appellee failed to give the statutory notice which purportedly was a condition precedent to recovery on the bond; and (2) that the suit is barred by the statute of limitations. We disagree with both contentions, and affirm the judgment.

William B. Uhlhorn, doing business as…