United States for the use and benefit of Postel Erection Group, L.L.C., et al v. Travelers Casualty and Surety, et al

Travelers moved to dismiss Postel's appeal of the district court's stay of Postel's lawsuit seeking payment from Travelers on a surety bond for work that it performed as a subcontractor. Postel brought its suit pursuant to the Miller Act, 40 U.S.C. 3131 et seq. Travelers argued that Postel's appeal, which was not filed until fifty-five days after the district court's order, was untimely. Because Postel did not argue that the United States had any involvement in this case, but instead relied solely on the statutory requirement that it bring its Miller Act claim in the name of the United States, the court concluded that it was required to file its notice of appeal within thirty days under Rule 4(a)(1)(A). Accordingly, the court granted Travelers' motion to dismiss the appeal for lack of jurisdiction. View "United States for the use and benefit of Postel Erection Group, L.L.C., et al v. Travelers Casualty and Surety, et al" on Justia Law