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United States ex rel. Noland Co., Inc. v. Irwin & Leighton, 316 U.S. 23 (1942)

United States ex rel. Noland Co., Inc. v. Irwin & Leighton

No. 658

Argued March 11, 1942

Decided April 6, 1942

316 U.S. 23


1. The construction of a library building at Howard University in the District of Columbia -- a project for which federal funds were appropriated by Act of February 14, 1931, and which subsequently was approved, and funds allotted therefor, by the Administrator of the Federal Emergency Administration of Public Works under Title II of the National Industrial Recovery Act of June 16, 1933 -- was a "public work" within the meaning of the Miller Act of August 24, 1935, and therefore the contractors were properly required to post a payment bond securing materialmen, and a materialman who supplied materials for the project and had not been paid therefor was entitled to sue on the bond in the name of the United States. P. 316 U. S. 27.

2. The Miller Act was intended to apply to the "public works" authorized by the Administrator under the National Industrial Recovery Act, and, under the latter Act, the library at Howard University was a "public work," since it was a project "of the character heretofore constructed or carried on . . . with public aid to serve the interests of the general public." P. 316 U. S. 30.

122 F.2d 73 reversed.

Certiorari, 314 U.S. 602, to review the reversal of a judgment overruling a motion to dismiss the complaint in a suit upon a bond.

Page 316 U. S. 24

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