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NARRAGANSETT IMPROVEMENT COMPANY v. UNITED STATES

Nos. 5782, 5783.

290 F.2d 577 (1961)

NARRAGANSETT IMPROVEMENT COMPANY, Defendant, Appellant, v. UNITED STATES of America, for the Use and Benefit of Anthony MELLO, d/b/a Maple Grove Nurseries, Plaintiff, Appellee. MARYLAND CASUALTY COMPANY, Defendant, Appellant, v. UNITED STATES of America, for the Use and Benefit of Anthony MELLO, d/b/a Maple Grove Nurseries, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

May 19, 1961.

Attorney(s) appearing for the Case

John E. Graham, III, and Donald P. Ryan, Providence, R. I., with whom G. Chandler Beals, Providence, R. I., on brief, for appellants.

Ronald Lagueux, Providence, R. I., with whom Stephen A. Fanning, Jr., and Edwards & Angell, Providence, R. I., on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

These are appeals from a judgment of the United States District Court for the District of Rhode Island which was entered in favor of the use-plaintiff both on his claim under the Miller Act, 40 U.S. C.A. §§ 270a-270d and on the defendants' counterclaim.

Defendant-appellant, Narragansett Improvement Company, (hereinafter called Narragansett) was the general contractor engaged by the United States to construct sewerage disposal...

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