United States of America, for the Use and Benefit Of, Statham Instruments, Inc. v. Western Casualty & Surety Company

CELEBREZZE, Circuit Judge.

This is an action brought pursuant to the Miller Act by the Plaintiff-Appellee, Statham Instruments, Inc., against Defendant-Appellant, Western Casualty & Surety Company. The case was submitted to the trial court upon motions for summary judgment filed by both parties. The trial court sustained the Plaintiff-Appellee’s motion, overruled the Defendant-Appellant’s motion, and gave judgment for the Plaintiff-Appellee. From this judgment the Defendant-Appellant appeals. The parties will be hereinafter referred to as Plaintiff and Defendant.

The pertinent and material…