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MacEVOY CO. v. UNITED STATES

No. 483.

322 U.S. 102 (1944)

64 S.Ct. 890

88 L.Ed. 1163

CLIFFORD F. MacEVOY CO. ET AL. v. UNITED STATES FOR THE USE AND BENEFIT OF CALVIN TOMKINS CO.

Supreme Court of United States.

Decided April 24, 1944.

Attorney(s) appearing for the Case

Mr. Edward F. Clark, with whom Messrs. Elmer O. Goodwin and John A. Shorten were on the brief, for petitioners.

Mr. Benjamin P. DeWitt for respondent.

Solicitor General Fahy, Assistant Attorney General Shea, and Messrs. Valentine Brookes and Melvin Richter filed a brief on behalf of the United States, as amicus curiae, urging affirmance.

MR. JUSTICE MURPHY delivered the opinion of the Court.

The United States entered into a contract with the petitioner Clifford F. MacEvoy Company whereby the latter agreed to furnish the materials and to perform the work necessary for the construction of dwelling units of a Defense Housing Project near Linden, New Jersey, on a cost-plus-fixed-fee basis. Pursuant to the Miller Act,1 MacEvoy as principal and the petitioner Aetna Casualty...

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