United States v. Peter Reiss Construction Co.

FRIENDLY, Circuit Judge.

The principal question on this appeal concerns the date when the Miller Act, 40 U.S.C.A. § 270b(a), requires notice to be given to a contractor by a material-man who has furnished supplies to a subcontractor pursuant to a series of orders as distinguished from an over-all contract. Judge Bruchhausen, in a reasoned opinion, held the notice was given too late. We agree.

The use plaintiff here is the same as in United States for Use and Benefit of J. A. Edwards & Company v. Thompson Construction Corp., 2 Cir., 273 F.2d 873. The subcontractor likewise is the same, Ben B.…