K-W Industries, a Division of Associates Technologies, Ltd., a Corporation v. National Surety Corporation

NORRIS, Circuit Judge:

Appellee National Surety Corporation (“National”) was the surety on a payment bond executed in compliance with the Miller Act, 40 U.S.C. § 270a, et seq., guaranteeing payment to suppliers of labor and materials for a federal construction project at Fort Peck, Montana. Appellant K-W Industries (“K-W”) alleges that after the general contractor refused to pay for materials K-W delivered for use on the Fort Peck project, K-W made a claim against National on the bond for payment. When National allegedly refused to pay the claim, K-W sued National in the United States District…