MEMORANDUM OPINION AND ORDER
GESELL, District Judge.
This case presents the issue of whether a supplier of materials to a government contractor may allocate payments made "on account" but arising out of the government job to other outstanding obligations of the contractor and sue the surety on the government project for the unpaid balance under the Miller Act, 40 U.S.C. § 270b. The matter was tried to the Court without a jury and the parties...
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