National Union Indemnity Company v. G. E. Bass and Company, Inc.

BURGER, Circuit Judge:

This appeal is from judgments entered by the United States District Court for the Southern District of Mississippi in four consolidated cases. All four of the cases involved claims by the federal government’s prime contractor, G. E. Bass and Co., Inc., and its Miller Act surety, United States Fidelity and Guaranty Co., against National Union Indemnity Co., surety for the subcontractor, Mojave Electric Company. 1 Mojave defaulted on its subcontract prior to completion leaving sums owed to various materialmen.

The essential facts are not in dispute. During the progress of…