UNITED STATES v. STANDARD ACCIDENT INS. CO

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Docket Number

No. 12578.

Attorney(S)

Samuel H. Nelson, Newark, N.J., for appellant. Louis Auerbacher, Jr., Newark, N.J., for appellee.

Judges

Harry Ellis Kalodner
Austin Leander Staley
William Henry Hastie

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UNITED STATES of America (for the Use and on Behalf of B. KATCHEN IRON WORKS, Inc., a New Jersey Corporation), Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY, a Corporation Organized and Existing Under the Laws of the State of Michigan, Licensed to Do Business In the State of New Jersey, and Daniel J. Cronin, Inc., a New Jersey Corporation.

PER CURIAM.

In this action under the Miller Act, 49 Stat. 793, 40 U.S.C.A., § 270a et seq., a subcontractor seeks to recover on the special bond which the statute requires principal contractors to furnish. It is admitted that the complaint was filed more than a year after the date of final settlement of the prime contract as certified by the Comptroller General, despite the express provision of the Miller Act that "* * no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract." 40 U.S.C.A. § 270b(b). The district court properly held that this suit is barred by the statutory time limitation. Accord, United States for Use of Soda v. Montgomery, 3 Cir., 1958, 253 F.2d 509; Peerless Casualty Co. v. United States, 1 Cir., 1957, 241 F.2d 811.

Judgment will be affirmed.

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