United States Ex Rel. Westinghouse Electric Corp. v. Marietta Manufacturing Co.

CHRISTIE, District Judge:

The use plaintiff, Westinghouse Electric Corporation (Westinghouse), insti tuted this Miller Act suit, 40 U.S.C. § 270b, against Marietta Manufacturing Company (Marietta) and its surety, The Travelers Indemnity Company (Travelers), seeking judgment for $89,006.80, claimed to be the balance owing it by Marietta for machinery and equipment furnished. The machinery and equipment were used by Marietta in the construction of two oceanographic research ships it had contracted to build for the Department of the Navy. In its answer to the complaint, Marietta denied that it…