United States ex rel. Harris Paint Co. v. Seaboard Surety Co.

MEMORANDUM DECISION

ARNOW, Chief Judge.

This matter is before the Court on motions of Plaintiff Harris Paint Company and of Defendant Seaboard Surety Company for summary judgment.

The portion of the Miller Act pertinent here is found in 40 U.S.C. § 270b which reads as follows:

“Provided, however, That any person having direct contractual, relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said con*752tractor within ninety days from…