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UNITED STATES v. MANN

Civ. A. No. 2883.

100 F.Supp. 920 (1951)

UNITED STATES for Use and Benefit of MOSELEY v. MANN et al. GREAT AMERICAN INDEMNITY CO. v. LOYD.

United States District Court E. D. Oklahoma.

September 29, 1951.

Attorney(s) appearing for the Case

Melvin F. Adler, Fort Worth, Tex., and George A. McCall, Weatherford, Tex., for the plaintiff.

Crouch, Rhodes & Crowe, Tulsa, Okl., and W. B. Handley, Dallas, Tex., for defendant Great American Indemnity Co.

George M. Ritchie, Mineral Wells, Tex., for defendant K. W. Mann.

C. P. Gotwals, Muskogee, Okl., and Ira Butler, Fort Worth, Tex., for Ernest Loyd.

WALLACE, District Judge.

This action arises under the Miller Act of August 24, 1935, 49 Stat. 793, 40 U.S. C.A. §§ 270a-270d.

On the 10th day of June, 1949, the defendant K. W. Mann entered into a contract with the United States for the construction of a flood control detention reservoir near the City of Duncan, Stephens County, Oklahoma. One of the provisions of this contract, which will hereinafter be referred to as the construction contract, was...

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