Court of Appeals for the Fourth Circuit May 3, 1968, No. 11631 (United States v. Glassman Construction Co.)

CRAVEN, Circuit Judge:

The question, correctly framed by the district judge, is whether a supplier of materials, who has not in fact been fully paid, can recover under the Miller Act, 40 U.S.C. § 270b, the balance due when it has received and endorsed checks from the general contractor that were more than sufficient to cover that balance.