United States ex rel. Browne & Bryan Lumber Co. v. Massachusetts Bonding & Insurance

BYERS, District Judge.

This is a Miller Act case in which the use plaintiff is Browne & Bryan Lumber Co., Inc., the defendant is Massachusetts Bonding and Insurance Company, and the general contractor who has intervened, is Ove Gustavsson Contracting Co., Inc.; for convenience, the first named will be referred to as plaintiff, and the intervenor as defendant. The Bonding Company, while the nominal defendant, tenders no issues that require decision, for the controversy boils down to the defendant’s contention that the plaintiff did not make deliveries in accordance with the contract entered…