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BRUCE CONSTRUCTION CORP. v. UNITED STATES

No. 16374.

242 F.2d 873 (1957)

BRUCE CONSTRUCTION CORPORATION et al., Appellants, v. UNITED STATES of America for use of WESTINGHOUSE ELECTRIC SUPPLY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 12, 1957.

Attorney(s) appearing for the Case

Charles R. Scott, Jacksonville, Fla., H. Reid DeJarnette, Miami, Fla., John S. Cox, Marvin L. Thacker, Jacksonville, Fla., Scott & Cox, of counsel, Jacksonville, Fla., for appellants.

Eugene T. Branch, Atlanta, Ga., Ray W. Richardson, Jacksonville, Fla., Bird & Howell, Atlanta, Ga., Patterson, Freeman, Richardson & Watson, Jacksonville, Fla., of counsel, for appellee.

Before TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question is whether summary judgment ought to have been granted against a general contractor and its surety1 in an action under the Miller Act, 40 U.S.C.A. §§ 270a-270d, for materials furnished to or for a subcontractor2 for construction of a Veterans Hospital.

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