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CONTINENTAL CASUALTY COMPANY v. UNITED STATES

No. 63-57.

156 F.Supp. 942 (1957)

CONTINENTAL CASUALTY COMPANY v. UNITED STATES.

United States Court of Claims.

December 4, 1957.

Attorney(s) appearing for the Case

Daniel Mungall, Jr., Philadelphia, Pa., for plaintiff. James E. Gallagher, Jr., and Stradley, Ronon, Stevens & Young, Philadelphia, Pa., were on the briefs.

Leavenworth Colby, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Kathryn H. Baldwin and Lawrence F. Ledebur, Washington, D. C., were on the briefs.

WHITAKER, Judge.

Plaintiff was surety on a contract between the Maritime Commission and the Pennsylvania Drydock & Shipbuilding Company for the repair of certain vessels that had been for the four prior years laid up at Lee Hall, Virginia, including the SS. William Tyler and the SS. Franklin King. The surety bond was required by the "Miller Act" (40 U.S.C.A. § 270a), reading:

"Before any contract * * * for the construction, alteration, or repair...

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