United States of America for the Use and Benefit of Gulfport Piping Company v. Monaco and Son, Inc., and Hartford Accident and Indemnity Company

HAYNSWORTH, Circuit Judge:

The District Court allowed this claim under the Miller Act holding that the-intermediary, between the use plaintiff and the general contractor, was a subcontractor rather than a material supplier, and that there was no agency relationship between the use plaintiff and the intermediary and no basis for an estoppel against assertion of the claim. We think the claim must fail under the doctrine of equitable estoppel.'

Monaco and Son, Inc., a general contractor 1 was awarded a contract for the construction and installation of a steam distribution system for Andrews Air…