FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
HEMPHILL, District Judge.
This action was instituted by the Use-Plaintiffs, Thomas D. Sligh and M. L. Shaw, d/b/a Sligh Plumbing and Heating Company, to recover of defendant pursuant to Title 40 U.S.C.A. Section 270a et seq., commonly referred to as the Miller Act. The complaint alleges that on or about December 28, 1964, defendant entered into a written contract with Use-Plaintiff by the terms of which Use...
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