New Amsterdam Casualty Company and Continental Casualty Company v. United States of America, for the Use of Carpenter Plumbing Company

RIVES, Chief Judge.

This case is submitted on the appellee’s motion to dismiss the appeal and to adjudge damages for delay.

The action was instituted under the Miller Act 1 by Carpenter Plumbing Company, a subcontractor, against Ivey Brothers Construction Company, Inc., the prime contractor, and the two appellants, sureties on its payment bond furnished to the United States for the protection of all persons supplying labor and material in the prosecution of the work provided for in the contract.

In its answer, Ivey Brothers admitted that it was indebted to one or more of three subcontractors —…