United States ex rel. Humble Oil & Refining Co. v. Fidelity & Casualty Co. of New York
Court of Appeals for the Fourth Circuit
1Opinion of the Court
WINTER, Circuit Judge:
Humble Oil & Refining Company, the use plaintiff (“Humble”) sued the general contractor, Burkholder and Burk-holder (“Burkholder”), and its surety, The Fidelity and Casualty Company of New York (“Fidelity”), for asphalt and petroleum products Humble furnished Burkholder for use on Federal Highway Project No. 100-A-12 (the “project”), a construction contract to which the Miller Act, 40 U.S.C.A. § 270a et seq. (Supp.1967), was applicable. Admittedly the suit was not filed until after one year following Humble’s last delivery. Although Humble obtained a default judgment…
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