Court of Appeals for the Ninth Circuit January 28, 1963, No. 17440 (United States ex rel. Atkins v. Reiten)

BROWNING, Circuit Judge.

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).