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UNITED STATES v. HAL B. HAYES & ASSOCIATES, INC.

Civ. No. 8282.

221 F.Supp. 260 (1963)

UNITED STATES of America, for the Use and Benefit of J. W. FOGLE, individually and doing business under the name and style of Jiffy Trencher Parts, Plaintiff, v. HAL B. HAYES & ASSOCIATES, INC., a corporation, Beale AFB Housing No. 5, Inc., a corporation, Beale AFB Housing No. 6, Inc., a corporation, Beale AFB Housing No. 7, Inc., a corporation, Wurtsmith Construction Company, a corporation, Wurtsmith & Brand Joint Control and Continental Casualty Company, a corporation, Defendants.

United States District Court N. D. California, N. D.

July 9, 1963.

Attorney(s) appearing for the Case

DiGiorgio & Davis, Bakersfield, Cal., for plaintiff.

Rich, Fuidge, Dawson & Marsh, Marysville, Cal., for defendant Continental Cas. Co.

HALBERT, District Judge.

Two basic issues are raised in this action under the Capehart Act [Title 42 U.S.C. § 1594 et seq.]. First, are the requirements as to notice of default under a Capehart Act bond the same as the notice requirements under the Miller Act [Title 40 U.S.C. § 270b(a)]? Second, assuming that the Capehart Act notice requirements are not the same as the Miller Act requirements, is defendant, under the particular facts of this action, estopped...

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