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UNITED STATES v. THOMAS EARLE & SONS

No. 6601.

99 F.2d 898 (1938)

UNITED STATES, to Use of McHUGH ELECTRIC CO., v. THOMAS EARLE & SONS, Inc., et al.

Circuit Court of Appeals, Third Circuit.

October 17, 1938.

Attorney(s) appearing for the Case

Hugh M. Morris and Ivan Culbertson, both of Wilmington, Del., for appellant.

Josiah Marvel, Jr., and Marvel, Morford, Ward & Logan, all of Wilmington, Del., for appellees.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BIGGS, Circuit Judge.

Upon February 6, 1933, the United States, through its Engineer Corps, entered into a contract with Triest & Earle, Inc., hereafter referred to as the contractor, for the construction of a movable span highway bridge across the branch channel of the Chesapeake and Delaware Canal at Delaware City, Delaware, and gave bond by the appellee United States Guarantee Company for the faithful performance of its contract as required by the Act of August...

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