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UNITED STATES v. WYATT

No. 453.

174 F.Supp. 260 (1959)

UNITED STATES, to the Use of ENGINEERING and EQUIPMENT COMPANY, Incorporated, a Florida corporation, Plaintiff, v. W. B. WYATT, doing business as the Wyatt Construction Company, a sole proprietorship, and the Continental Casualty Company, Incorporated, an Illinois corporation, Defendants.

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

June 10, 1959.

Attorney(s) appearing for the Case

Ralph Julian Bennett, Jr., Panama City, Fla., for plaintiff.

W. E. Garner, Montgomery, Ala., for W. B. Wyatt and Continental Casualty Company.

CARSWELL, Chief Judge.

This proceeding was initiated under the Miller Act (40 U.S.C.A. § 270b) to recover the unpaid balance for plumbing supplies. The claim by a materialman seeks recovery against the prime contractor and upon the bond of the latter's surety for failure of the subcontractor (with whom the use plaintiff dealt) to pay for the materials furnished in connection with the latter's contract with the prime...

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