United States Court of Claims March 17, 1978, No. 68-77 (American Fidelity Fire Insurance)

"This case is before the court on plaintiffs motion for summary judgment and defendant’s opposition thereto. *435American Fidelity Fire Insurance Company (plaintiff or 'surety’ hereinafter) is the Miller Act1 surety on a contract entered into between Crown Asphalt Coating Company (Crown or 'contractor’ hereinafter) and the Department of the Navy.