United States for Use and Benefit of Conveyor Rental & Sales Co. v. Aetna Casualty & Surety Co‪.‬

T.G. NELSON, Circuit Judge: The United States for the use and benefit of Conveyor Rental & Sales Company (""Conveyor Rental"") appeals the district court's grant of summary judgment in favor of Aetna Casualty & Surety Company (""Aetna"") in a Miller Act action, pursuant to 40 U.S.C. § 270a-d. Conveyor Rental seeks payment from Aetna, the surety for government contractor Ed Waln Construction Company (""Ed Waln""), for equipment rented by the San Carlos Apache Tribal Utility Authority (""the Tribe""), which had contracted with Ed Waln to furnish crushed rock to facilitate Waln's completion of his government contract. This action arises from the Tribe's refusal to pay Conveyor Rental after Ed Waln filed for bankruptcy. We have jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.