Court of Appeals for the Fifth Circuit September 18, 1978, No. 76-4018 (United States ex rel. Westinghouse Electric Corp. v. Sommer Corp.)

RONEY, Circuit Judge:

In this Miller Act suit, 40 U.S.C.A. § 270b, we affirm the district court’s grant of summary judgment for a materialman against the general contractor, because the evidence is uncontradicted that the materialman was never paid for certain equipment supplied to a subcontractor for use on the Government project.