UNITED STATES, CLARK-FONTANA P. C., INC. v. WIBCO, INC.

Civ. A. No. 75-0057.

396 F.Supp. 1253 (1975)

The UNITED STATES of America for the Use and Benefit of CLARK-FONTANA PAINT COMPANY, INC. and Clark Paint and Wallcovering, Inc., Plaintiffs, v. WIBCO, INC., and Reliance Insurance Company, Defendants.

United States District Court, District of Columbia.

June 24, 1975.


Attorney(s) appearing for the Case

Sebert H. Keiffer, Oxon Hill, Md., for plaintiffs.

John F. Costello, Silver Spring, Md., for defendants.


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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