Cave Construction, Inc., a Corporation v. United States of America, Suing Herein for the Use and Benefit of Angell Bros, Inc., a Corporation

MURRAH, Chief Judge.

Defendant-Appellant Cave Construction, Inc., appeals from a Miller Act judgment in favor of its subcontractor, plaintiff-appellee Angelí Bros., Inc., for sums due for the substantial performance of the subcontract.

The basic and undisputed facts are that Cave Construction contracted with the United States to furnish labor, materials and equipment and perform certain “dredging” and bulkheading in the Grant Village “Lagoon” and “Marina” areas, Yellowstone National Park. Included as a part of the contract was a “Rock Addendum” warning of existing rock conditions on the…