U.S. EX REL. THORLEIF LARSEN & SON, INC. v. B. R. ABBOT CONST. CO.

No. 18112.

466 F.2d 712 (1972)

UNITED STATES of America ex rel., THORLEIF LARSEN AND SON, INC., a Corporation, Plaintiff-Appellee, v. B. R. ABBOT CONSTRUCTION CO., a Corporation, and Reliance Insurance Co., a Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1972.

Rehearing Denied October 16, 1972.


Attorney(s) appearing for the Case

Ray M. Foreman and Kenneth H. Clapper, Foreman, Meachum & Clapper, Danville, Ill., for defendants-appellants.

John B. Jenkins, Danville, Ill., Edwin A. Hofeld, Chicago, Ill., Gunn, Hickman, Kesler, Jenkins & Vogel, Danville, Ill., for plaintiff-appellee.

Before KNOCH, Senior Circuit Judge, PELL, Circuit Judge, and DURFEE, Senior Judge.


DURFEE, Senior Judge.

This action for the use and benefit of Thorleif Larsen and Son, Inc., was brought under the Miller Act, 40 U.S.C. § 270a et seq., for the balance due for work done under a contract with the B. R. Abbot Construction Company [hereinafter referred to as Abbot]. Reliance Insurance Company, the co-defendant, was Abbot's payment bond surety, as required by the Miller Act. The District Court allowed Larsen a total of $27,723.96, which sum Abbot...

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