United States Ex Rel. CTI Ltd. v. Mellon Stuart Co.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiffs, United States ex rel. CTI Limited, Inc. (“CTI”), and Carl Seyfer (“Seyfer”), sue for payment from a payment bond issued by defendant, Seaboard Surety Company (“Seaboard”), on behalf of Mellon Stuart Company, now known as Federal Street Construction Company (“Mellon Stuart”), pursuant to the Miher Act, 40 U.S.C. § 270a-270d (1988) (the “Act”). Seaboard moves for summary judgment.

BACKGROUND

In September, 1989, Mellon Stuart contracted with the United States Postal Service to become the general contractor on the construction of a…