National American Insurance v. United States

*452OPINION

ALLEGRA, Judge.

“Dictum settles nothing, even in the court that utters it.”1

This surety action is before the court on plaintiffs motion for summary judgment and defendant’s motion to dismiss or, in the alternative, cross-motion for summary judgment.2 The plaintiff, a payment bond surety, claims that it was damaged when, having paid the claims of subcontractors of a government contractor and having notified the United States to make no further payments to the contractor, the United States made a final contract payment directly to the government contractor. Defendant claims, inter alia,…