United States v. Montgomery

McLAUGHLIN, Circuit Judge.

On June 30, 1952, defendant-appellant Montgomery, engaged in the construction business, contracted with the United States to erect two warehouses at Letter-kenny Ordnance Depot, Chambersburg, Pennsylvania. That same day Montgomery as principal, and defendant-appellant United States Fidelity & Guaranty Company as surety, executed and delivered a bond to the United States in the sum of $577,560. The bond was drawn in accordance with the Miller Act, 49 Stat. 793 (1935), 40 U.S.C.A. § 270a et seq. It called for prompt payment of all persons supplying labor and material…