United States ex rel. Greenwald Industrial Products Co. v. Barlows Commercial Construction Co.

OPINION

CHARLES R. RICHEY, District Judge.

This matter is before the Court on the parties’ cross motions for summary judgment, the oppositions thereto and the entire record herein. Use-plaintiff, Greenwald, has brought suit against Eastern Indemnity Company seeking to obtain payment under a bond provided by Eastern, as surety, under the Miller Act. The Court holds that Greenwald is entitled to such payment because it had an implied contract with the contractor who obtained the bond. The Court will thus grant plaintiff’s motion for summary judgment and deny defendants’ cross motion.

FACTS

Greenwald…