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UNITED STATES v. BLOUNT BROTHERS CONSTRUCTION CO.

Civ. No. 10811.

168 F.Supp. 407 (1958)

UNITED STATES of America, for the use and benefit of NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, a Virginia corporation, v. BLOUNT BROTHERS CONSTRUCTION COMPANY (a partnership composed of W. M. Blount, W. H. Blount and C. B. Blount) and United States Fidelity and Guaranty Company (a Maryland corporation).

United States District Court D. Maryland.

November 25, 1958.

Attorney(s) appearing for the Case

Ambler H. Moss, Semmes, Bowen & Semmes, Baltimore, Md., and J. Warren Stephens, Ferguson, Yates & Stephens, Newport News, Va., for plaintiff.

William L. Marbury, John Martin Jones, Jr., Piper & Marbury, Baltimore, Md., and James C. Blair, White, Bradley, Arant, All & Rose, Birmingham, Ala., for defendants.

THOMSEN, Chief Judge.

Defendant's motion to dismiss the amended complaint presents the question whether the protection of a Miller Act1 payment bond extends to a person who furnishes or contracts to furnish labor and materials to a sub-subcontractor.

The amended complaint alleges that defendant Blount Brothers Construction Company (Blount) contracted with the Department of the...

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