Summary

Miller v. American Bonding Company…

Where the United States sues in its own behalf, any one having a claim for labor or material used in the work is accorded a 'right to intervene and be made a party' and to have his claim 'adjudicated in such action and judgment rendered thereon,' subject to a priority which is accorded to the claim of the United States; and if the recovery on the bond be not sufficient to pay all the claims, the judgment must direct the payment of the full amount due the United States and the distribution 'pro rata among said interveners' of the remainder of the recovery.
Source: Wikisource

Miller v. American Bonding Company…

Only when the United States does not sue within six months 'from the completion and final settlement of the contract' may an action in its name be brought by a private claimant for his use and benefit. Where such a claimant sues, 'only one action shall be brought, and any creditor may file his claim in such action and be made a party thereto'
Source: Wikisource

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