United States ex rel. Engineering & Equipment Co. v. Wyatt

CARSWELL, Chief Judge.

This proceeding was initiated under the Miller Act (40 U.S.C.A. § 270b) to recover the unpaid balance for plumbing supplies. The claim by a materialman seeks recovery against the prime contractor and upon the bond of the latter’s surety for failure of the subcontractor (with whom the use plaintiff dealt) to pay for the materials furnished in con*261nection with the latter’s contract with the prime contractor. In their answers the prime contractor and the surety interposed the defense that more than 90 days had elapsed between the furnishing of the last materials and the…