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FLEISCHMANN CO. v. UNITED STATES

No. 50.

270 U.S. 349 (1926)

46 S.Ct. 284

70 L.Ed. 624

FLEISCHMANN CONSTRUCTION COMPANY ET AL. v. UNITED STATES TO THE USE OF FORSBERG ET AL.

Supreme Court of United States.

Decided March 1, 1926.

Attorney(s) appearing for the Case

Mr. Levi H. David, with whom Mr. William F. Kimber was on the brief, for plaintiffs in error.

Mr. Bynum E. Hinton, with whom Messrs. David W. Kahn, Milton M. Leichter, and Isidor Weissberger were on the briefs, for defendants in error.

MR. JUSTICE SANFORD delivered the opinion of the Court.

This is a suit under the Materialmen's Act of 1894, 28 Stat. 278, c. 280, as amended by the Act of 1905, c. 778.1 It was brought in the name of the United States by Forsberg, a materialman, as use plaintiff, in the federal district court for Eastern Virginia, to recover on a bond given by the Fleischmann Construction Company, as contractor, and the National Surety Company, as surety...

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