United States ex rel. Ricci v. Russell Construction Co.

ZAMPANO, District Judge.

In the main action, the use-plaintiff Ricci, as a subcontractor and material-man, is suing the general contractor, Russell Construction Co., Inc., and Russell’s surety, the Columbia Casualty Company, for materials and services rendered in the amount of $15,000.00. Jurisdiction is conferred by 40 U.S.C. § 270a et seq., commonly designated as the Miller Act.

On or about June 27, 1958, the defendant Russell entered into a contract with the United States for the construction of sewerage facilities at certain Nike sites within the State of Connecticut. Russell, in turn,…