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UNITED STATES v. NATIONAL CONSTRUCTION COMPANY

Civ. No. 5968.

155 F.Supp. 368 (1957)

The UNITED STATES of America, for the Use and Benefit of Barnard W. COFFEY, Donald H. Teachout and H. R. Carpenter, d/b/a Coffey & Teachout, a co-partnership, Plaintiff, v. NATIONAL CONSTRUCTION COMPANY, a corporation, and Peerless Casualty Company, a corporation, Defendants, and Maryland Casualty Company, Impleaded Defendant.

United States District Court N. D. New York.

October 11, 1957.

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris, Albany, N. Y., for plaintiff. William F. Conway, Albany, N. Y., John G. Kissane, St. Albans, Vt., of counsel.

Morton M. Z. Lynn, Albany, N. Y., for defendants National Const. Co. and Peerless Cas. Co.

FOLEY, District Judge.

This action presents the usual tug-of-war that arises quite often between the prime contractor, subcontractor and bonding companies under certain provisions of the Miller Act, 40 U.S.C.A. § 270b. The trial before the Court contained all the extravagances, contradictions, confusion and bitterness that unfortunately arise in this type case and complicate what should be a clear-cut and straight forward presentation of facts to which the law...

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