United States ex rel. Calvin Tomkins Co. v. Clifford F. MacEvoy Co.

DOBIE, Circuit Judge.

This is an action on a payment bond given pursuant to the Miller Act, 49 Stat. 793, 40 U.S:C.A. § 270a, brought by the use-plaintiff, the Calvin Tomkins Company, hereinafter called plaintiff, in the United States District Court for the District of New Jersey, against the Clifford F. MacEvoy Company, hereinafter called defendant, and the Aetna Casualty and Surety Company, hereinafter called surety.

On June 3, 1941, the'defendant entered into a contract with the United States of America, in which the defendant agreed to furnish the materials and perform the work necessary…