UNITED STATES v. VAN de RIET

No. 8867.

316 F.2d 912 (1963)

UNITED STATES of America for the Use and Benefit of the HENRY WALKE COMPANY, a Virginia corporation, Appellant, v. William G. VAN de RIET and Peter H. Van de Riet, partners trading as Van de Riet Construction Company, and Reliance Insurance Company, a Pennsylvania corporation with its principal office in the City of Philadelphia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1963.


Attorney(s) appearing for the Case

P. A. Agelasto, Jr., Norfolk, Va., for appellant.

William P. Oberndorfer, Norfolk, Va. (Kaufman, Oberndorfer, Spainhour & Hall, and Ira B. Hall, Norfolk, Va., on the brief), for appellees.

Before HAYNSWORTH and BRYAN, Circuit Judges, and HARRY E. WATKINS, District Judge.


HARRY E. WATKINS, District Judge.

This is an action by plaintiff, The Henry Walke Company, which furnished material on a government contract, to recover the sum of $9,181.20 under the Miller Act (Title 40 U.S.C.A. § 270a et seq.) directly from Van de Riet Construction Company, the prime contractor, and Reliance Insurance Company, the surety on the prime contractor's payment bonds, for such materials furnished to Acme Fence Co., Inc., a subcontractor. The original...

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