Graybar Electric Company, Inc. v. John A. Volpe Construction Co., Inc.

JOHNSON, District Judge:

Graybar Electric Company, Inc., appeals from an order dismissing its Miller Act claim against John A. Volpe Construction Co., Inc. 1

Volpe was the general contractor on a federal construction project known as the Federal Office Building of Miami. Diplomat Electric Company, a Florida corporation, was a subcontractor of Volpe on that project. Graybar Electric Company, Inc., sold to Diplomat some $252,-696.90 in electrical materials and supplies for use in the prosecution of the work on the Federal Office Building. Upon completion of the job, Diplomat was indebted to…