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UNITED STATES v. BIGGS

No. 165-D.

46 F.Supp. 8 (1942)

UNITED STATES, for Use of MUTUAL METAL MFG. CO. v. BIGGS et al.

District Court, E. D. Illinois.

August 11, 1942.

Attorney(s) appearing for the Case

Ray Foreman, Asst. U. S. Atty., of Danville, for the Government.

Leo Burk and John Twomey, both of Danville, Ill., for Mutual Metal Mfg. Co.

McKinley, Price & Quindry, of Chicago, Ill., and Allen & Dalbey, of Danville, Ill., for defendant.

LINDLEY, District Judge.

The United States sues for the use of subcontractors on a bond executed under the provisions of the Miller Act, 40 U.S.C. A. § 270a(2), which provides that a contractor with the United States must furnish a bond for protection of persons supplying labor or material in prosecution of work provided for in the contract and that on failure of the contractor to pay any subcontractor, the United States may sue for the use of such beneficiaries...

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