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AUTREY v. WILLIAMS AND DUNLAP

Civ. A. Nos. 7228, 7233, 7235.

185 F.Supp. 802 (1960)

R. L. AUTREY and A. L. Goad, Individually and dba Autrey and Goad Construction Company, and Guaranty Bank and Trust Company (Intervening Plaintiff) v. WILLIAMS AND DUNLAP, Partnership Composed of H. E. Williams, Jr. and B. P. Dunlap, St. Paul Fire and Marine Insurance Company, and England AFB Housing, Inc.; added defendant: Aetna Insurance Company, United States of America, Intervenor. H. E. LUTHER v. WILLIAMS & DUNLAP, a Partnership Composed of H. E. Williams, Jr. and B. P. Dunlap, St. Paul Fire & Marine Insurance Company, and England AFB Housing, Inc. UNITED STATES of America ex rel. C. L. CONNER and Joe A. Brownfield, dba C. L. Conner and Joe A. Brownfield, a joint venture, v. WILLIAMS AND DUNLAP CONSTRUCTION COMPANY, Inc., and St. Paul Fire and Marine Insurance Company, and (by amended complaint) England AFB Housing, Inc., and Williams & Dunlap, a Partnership Composed of H. E. Williams, Jr. and B. P. Dunlap.

United States District Court W. D. Louisiana, Alexandria Division.

July 14, 1960.

Attorney(s) appearing for the Case

Gist, Murchison & Gist, Alexandria, La., John B. McNamara, Waco, Tex., for plaintiffs.

Stafford & Pitts, Gravel, Humphries, Sheffield & Fuhrer, Alexandria, La., for defendants.

William Ray Bradford, Provosty, Sadler & Scott of Alexandria, La., for intervenors.

HUNTER, District Judge.

Various and sundry motions have already been disposed of. There remains for disposition only the motions of St. Paul and Williams & Dunlap to dismiss. These motions are pegged on the proposition that this Court does not have jurisdiction because the Miller Act is not applicable.

We believe that the Miller Act is applicable, and that this Court does have jurisdiction. The Miller Act (40 U.S.C. A. §§ 270a and 270b) provides...

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