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UNITED STATES v. STANLEY W. NEWMAN COMPANY

Civ. A. No. 691.

136 F.Supp. 167 (1955)

UNITED STATES of America, for the Use of The RUBEROID CO., a corporation, Plaintiff, v. STANLEY W. NEWMAN COMPANY, Inc., a corporation, and The Western Casualty and Surety Company, a corporation, Defendants and Third Party Plaintiffs (Southeastern Surety Company, a corporation, and Harry B. Gay, individually and doing business as Gay-Smith Roofing and Supply Company, a sole proprietorship, Third Party Defendants).

United States District Court N. D. Florida, Pensacola Division.

November 30, 1955.

Attorney(s) appearing for the Case

Fisher & Hepner, Pensacola, Fla., for plaintiff.

Yonge, Beggs & Lane, Pensacola, Fla., for defendants and third party plaintiffs.

Smith, Hand, Arendall & Bledsoe, Mobile, Ala., Caldwell, Parker, Foster, Wigginton & Miller, Tallahassee, Fla., for third party defendants.

DE VANE, Chief Judge.

This action was instituted by The Ruberoid Co., pursuant to Section 270a et seq., of Title 40 U.S.C.A. otherwise known as the Miller Act, to recover from Stanley W. Newman Company, Inc., and The Western Casualty and Surety Company, a corporation, for materials furnished to and used by Harry B. Gay, individually and doing business as Gay-Smith Roofing and Supply Company.

The complaint filed in the case alleges that defendant Newman entered...

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