YANKWICH, District Judge.
On December 14, 1943, the Defense Plants Corporation, an agency of the United States, and Flotation Systems, Inc., the contractor and bankrupt, entered into a contract for the construction of a sewage disposal plant at the Ryan School of Aeronautics at Hemet, California. The contract required the contractor to furnish a bond in the penal sum of $23,819.97, under the Act of the Congress, known as the Miller Act.1
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