Court of Appeals for the First Circuit July 24, 1959, 5426 (American Auto Insurance Co. v. United States of America, for the Use and Benefit of Alvah C. Luce, D/B/A Northern Electric Service & Supply Co.)

MAGRUDER, Circuit Judge

(Retired).

This is an appeal by the surety on a contractor’s Miller Act payment bond from a judgment against it in favor of a subcontractor. Roslyn Construction Company, to which the United States had awarded contract No.