United States of America for the Use and Benefit of Warren Painting Co., Inc. v. J. C. Boespflug Construction Co. And Travelers Indemnity Co.

HAMLEY, Circuit Judge.

This is a suit, brought under the Miller Act, § 2, 49 Stat. 794 (1935), 40 U.S.C. § 270b (1958), to recover compensation for work performed in the construction of a government facility near Anchorage, Alaska. The action was brought on behalf of Warren Painting Company, Inc. (Warren), painting subcontractor on the project. The general contractor, J. C. Boespflug Construction Co. (Boespflug), and the surety on the general contractor’s payment bond, Travelers Indemnity Co., were named defendants.

Three claims were stated in the complaint, one of which involved asserted…