United States of America, for the Use and Benefit of Ray Moody v. The American Insurance Company

BALDOCK, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R.App. 34(a); 10th Cir.R. 34.1.8(c). The cause therefore is ordered submitted without oral argument.

Between 1982 and 1984, the United States government built an Indian Hospital for the Indian Health Services at Tahle-quah, Oklahoma. The general contractor on the project was Robert E. McKee, Inc. (contractor), who was bonded, pursuant to the Miller Act, 40 U.S.C. § 270a,…