United States v. Reiten

313 F.2d 673 UNITED STATES of America for the Use of C. W. ATKINS, d/b/a Atkins Welding Shop, Appellant, v. B. H. REITEN and Leonard Stewart, Partners, d/b/a Reiten & Stewart Construction Company, and Continental Casualty Company, a corporation, Appellees. No. 17440. United States Court of Appeals Ninth Circuit. January 28, 1963. Bell, Sanders & Tallman, and James K. Tallman, Anchorage, Alaska, for appellant. John E. Manders, Anchorage, Alaska, for appellee. Before MERRILL, BROWNING and DUNIWAY, Circuit Judges. BROWNING, Circuit Judge. 1 Before a contract for the construction of a public work of the United States is awarded, the contractor must furnish a payment bond with surety "for the protection of all persons supplying * * * material in the prosecution of the work." 40 U.S.C.A. § 270a(a)(2) (Section 1(a) (2) of the Miller Act). And "Every person who has furnished * * * material in the prosecution of the work * * * and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the * * * material was furnished * * * by him for which such claim is made, shall have the right to sue on such payment bond…