United States ex rel. "Automatic" Sprinkler Corp. of America v. Merrit-Chapman & Scott Corp.

FOLLMER, District Judge.

Plaintiff (hereinafter referred to as Automatic) was a subcontractor of Raff, who in turn was a subcontractor of the defendant (hereinafter referred to as Merritt-Chapman). Plaintiff instituted its action against Merritt-Chapman (the prime contractor) and the other defendants (sureties), on a Miller Act Bond. Judgment having been entered against it, plaintiff now seeks a new trial.

The facts in the case and the difficulties encountered by this Court in developing the same are fully set forth in the Memorandum filed February 20, 1961. The case was tried without a jury,…