United States Ex Rel. P. A. Bourquin & Co. v. Chester Const. Co.

SWAN, Circuit Judge.

This is an action by the United States for the use of P. A. Bourquin Co. and New & Used Equipment Corp., respectively, upon a general contractor’s bond posted pursuant to the Miller Act, 49 Stat. 793, 40 U.S.C.A. § 270a et seq. The general contractor, Chester Construction Co., Inc., contracted with the United States to construct a postoffice building at Spring Valley, N. Y. The work of lathing and plastering was sublet to Sherman Plastering Co., Inc., and the latter in turn sublet to the Bourquin company the furnishing of labor and materials for the lathing. From the…