United States ex rel. Harvey Gulf International Marine, Inc. v. Maryland Casualty Co.

JAMES C. HILL, Circuit Judge:

This case involves three distinct issues under the Miller Act, 40 U.S.C.A. § 270b. We affirm in part, reverse in part, and remand the case to the District Court.

On November 10, 1977, the plaintiff subcontractor, Harvey Gulf International Marine, Inc. [Harvey Gulf], brought suit under the Miller Act against its prime contractor’s surety, Maryland Casualty Company [Maryland Casualty], for amounts allegedly due for towing and other services performed in connection with three dredging contracts let by the U.S. Army Corps to the prime contractor. The United States…