Gichner v. Insurance Companies of North America

HOOD, Chief Judge.

This appeal is by a plaintiff from an order dismissing his complaint against defendant insurance company as surety on a Miller Act bond. 1

The complaint alleged that plaintiff had furnished equipment and materials to Coastal Contracting & Engineering Co. for use on government contracts at Fort Belvoir, Virginia, and Andrews Air Force Base, Maryland; that the Fort Belvoir job was completed in August 1959 and the Andrews Air Force Base job was completed in November 1959; that Coastal failed in business and did not pay plaintiff for the equipment and materials he had supplied;…