CLARK, District Judge.
This action is brought by the plaintiff to recover from the defendant Henly and the Western Casualty and Surety Company under and by virtue of the authority conferred in an Act of Congress, August 24, 1935, c. 642, 49 Stat. 793, 40 U.S.C.A. § 270a et seq., commonly known as the Miller Act, relating to the furnishing of bonds by a contractor with the United States for public work. It is alleged that the plaintiff, The Midwest Steel and Iron...
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