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U. S. FOR USE & BEN. OF LANK, ETC. v. CSH CONTRACTORS

Civ. No. 78-463.

452 F.Supp. 922 (1978)

UNITED STATES of America, for the Use and Benefit of LANK WOODWORK CO., INC., Plaintiff, v. CSH CONTRACTORS, INC. and Aetna Insurance Co., Defendants.

United States District Court, District of Columbia, Civil Division.

July 6, 1978.

Attorney(s) appearing for the Case

Paul M. Vincent, Carlyle C. Ring, Jr., Washington, D. C., for plaintiff.

Gregory D. Haight, Falls Church, Va., for CSH Contractors, Inc.

Edward Gallagher, Washington, D. C., for Aetna Ins. Co.

MEMORANDUM

JOHN H. PRATT, District Judge.

The sole issue raised by the cross-motions for summary judgment filed by the subcontractor and surety in this action under the Miller Act, 40 U.S.C. §§ 270a, 270b, is whether the action was timely filed under the one-year limitations period incorporated in the Act. Id. § 270b(b). To prevail on a motion for summary judgment, a party must demonstrate that no genuine issue of material fact, viewed...

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