District Court, S.D. Texas August 27, 1971, Civ. A. 69-H-767 (United States Fidelity & Guaranty Co. v. a & a MacHine Shop, Inc.)

MEMORANDUM AND ORDER

BUE, District Judge.

The United States of America entered into a contract with Hydro-Tech, Inc., plaintiff’s principal, for the construction of an oxygen distribution control panel and ESC system piping. Pursuant to the Miller Act, 40 U.S.C. § 270a et seq., United States Fidelity & Guaranty Company [hereinafter referred to as U.S.F. & G.