United States of America for the Use and Benefit of Control Systems, Inc. v. Arundel Corporation

CLARK, Chief Judge:

I

This suit involves various claims between the prime contractor, a subcontractor, and one of the subcontractor’s materialmen on Lock B of the Tennessee-Tombigbee Waterway Project in Smithville, Mississippi. The suit was originally instituted by the materialman for breach of contract and for payment on the prime contractor’s Miller Act bond. See 40 U.S.C. §§ 270a to 270d. This is the second appeal which has been taken in this action. The district court in its latest decision dismissed the prime contractor’s counterclaims against the materi-alman for delay damages. We affirm.

II