United States Ex Rel. Marmet Corp. v. Becon Services Corp.

MEMORANDUM AND OPINION

REVERCOMB, District Judge.

Plaintiff seeks recovery under the Miller Act (40 U.S.C. § 270b) for allegedly unpaid construction material bills. Both plaintiff and defendants now move for summary judgment. The Court heard full argument on the motions at a hearing conducted on July 15, 1992, based on the facts as set forth in the parties’ pleadings and affidavits. The parties agree that there are no material facts in dispute. For the reasons set forth below, the Court must order summary judgment in favor of the plaintiff. Facts

The essential facts are as follows. Defendant…