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UNITED STATES v. SOUTHERN CONSTRUCTORS, INC.

No. 1888.

211 F.Supp. 537 (1962)

UNITED STATES of America, for the Use and Benefit of Milton B. KIRBY, Trustee of and for Tiles, Incorporated, Bankrupt, Plaintiff, v. SOUTHERN CONSTRUCTORS, INC., and The Travelers Indemnity Company, Defendants.

United States District Court W. D. Missouri, S. D.

December 11, 1962.

Attorney(s) appearing for the Case

Lincoln, Haseltine, Keet, Forehand & Springer, Springfield, Mo., for plaintiff.

F. Philip Kirwan, Kansas City, Mo., for defendants.

JOHN W. OLIVER, District Judge.

This case pends on defendants' motion for summary judgment. There is no genuine issue as to any of the following material facts: Tiles, Incorporated, was a subcontractor of Southern Constructors, Inc. in connection with a construction job at Table Rock Dam; Travelers Indemnity Company executed the usual bonds required by the Miller Act; difficulties arose in connection with the execution of the subcontract; Southern's letter of July...

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