Fleischer Engineering & Constr. Co. v. United States, 311 U.S. 15 (1940)

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Fleischer Engineering & Construction Co. v. United States, 311 U.S. 15 (1940)

No. 15

Argued October 17, 18, 1940
Decided November 12, 1940
311 U.S. 15

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The Miller Act of 1935, requiring contractors for public work of the United States to furnish a payment bond for the protection of persons supplying labor or materials, provides that a supplier having contractual relationship not with the contractor furnishing such bond, but with a subcontractor, "shall have a right of action upon the said payment bond upon giving written notice to said contractor. . . ." The Act further provides that "such notice shall be served by mailing the same by registered mail. . . ." Held, that a suit under the Act was maintainable although the notice was sent by ordinary mail, and not by registered mail, where it was otherwise sufficient and actually reached one of two joint and several contractors. P. 17.

2. With respect to the manner of giving the prescribed notice, the Act should be liberally construed in aid of its remedial purpose. P. 18.

107 F.2d 925 affirmed.

Certiorari, 309 U.S. 693, to review the affirmance of a judgment on a bond given by two contractors, with sureties, to secure payment for labor and material supplied for the performance of a contract with the United States.