United States of America, for the Use of Gold Bond Building Products, a Division of National Gypsum Company v. Blake Construction Co., Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Under the Miller Act, 40 U.S.C. §§ 270a-270d, a prime contractor on a federal construction project involving over $25,000.00 must post a payment bond to protect those who have a direct contractual relationship with either the prime contractor or a subcontractor. But the Miller Act does not protect those more remote, such as sales from A to B to C where C is a subcontractor and A is the claimant. See J. W Bateson Co. v. United States ex rel. Board of Trustees, 434 U.S. 586, 594, 98 S.Ct. 873, 877, 55 L.Ed.2d 50 (1978). Gold Bond Building Products, a…