Royal Indemnity Company v. The United States and Jersey State Bank, Third-Party

COWEN, Chief Judge.

Plaintiff, Royal Indemnity Company (hereinafter “Surety”), a Miller Act surety, claims $38,461.29 in retainages held by the Government pursuant to its contract with Albert M. Barbato (hereinafter “Contractor”), Surety’s principal. Jersey State Bank (hereinafter “Bank”), contractor’s assignee, was brought in as a third party pursuant to Rule 23 and claims $31,200, plus interest, of the re-tainages. Defendant admits that it holds $38,461.29, but seeks to offset $2,213.07, plus interest, for withholding taxes not paid by Contractor; defendant considers itself a stakeholder for…