July 8, 1958
UNITED STATES OF AMERICA FOR USE AND ON BEHALF OF B. KATCHEN IRON WORKS, INC., APPELLANT,
STANDARD ACCIDENT INSURANCE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER LAWS OF STATE OF MICHIGAN, ET AL., APPELLEES.
Before KALODNER, STALEY and HASTIE, Circuit Judges.
Per Curiam: In this action under the Miller Act, 49 Stat. 793, 40 U.S.C. § 270, a subcontractor seeks to recover on the special bond which the statute requires principal contractors to furnish. It is admitted that the complaint was filed more than a year after the date of final settlement of the prime contracts as certified by the Comptroller General, despite the express provision of the Miller Act that "... no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract." 40 U.S.C. § 270b(b). The district court properly held that this suit is barred by the statutory time limitation. Accord, United States v. Montgomery, 3d Cir., 253 F.2d 509; Peerless Casualty Co. v. United States, 1st Cir. 1957, 241 F.2d 811.
Judgment will be affirmed.
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