United States ex rel. DuKane Corp. v. United States Fidelity & Guaranty Co.

BOREMAN, Circuit Judge:

This litigation commenced by an action brought under the Miller Act1 by the United States for the use of DuKane Corporation (hereafter DuKane) against Electronic Sound, Incorporated (hereafter Electronic), Algernon-Blair, Incorporated (hereafter Algernon-Blair) and its surety, United States Fidelity & *598Guaranty Company (hereafter US.F&G), Volta Electric Company, Incorporated (hereafter Volta), and its surety, Great American Insurance Company, and Sound and Music, Incorporated, the last-named defendant not being a party to this appeal. Answers were filed by all defendants…