United States of America, for the Use of Wrecking Corporation of America v. Edward R. Marden Corp., (Two Cases). Appeal of Edward R. Marden Corp

Wrecking Corporation of America (Wrecking), was a subcontractor under Edward R. Marden Corp., which had a contract to construct a building for the Navy. As required by the Miller Act, 40 U.S.C. § 270a et seq., Marden posted a payment bond with two sureties, Planet Insurance Company and American Re-Insurance Company. Work was completed by Wrecking in December, 1966. There remained something in excess of $52,000 claimed from Marden by Wrecking under the subcontract, plus additional expenses allegedly caused by Marden’s obstructing Wrecking in pursuing its work.

Wrecking made demand on Marden for…