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UNITED STATES v. LILES CONSTRUCTION COMPANY

Nos. 29633, 29634.

440 F.2d 474 (1971)

UNITED STATES of America, for the Use and Benefit of LIGHT & POWER UTILITIES CORPORATION, Plaintiff-Appellant, v. LILES CONSTRUCTION COMPANY, Inc., and United States Fidelity & Guaranty Company, etc., et al., Defendants-Appellees. UNITED STATES of America, for the Use and Benefit of LIGHT & POWER UTILITIES CORPORATION, Plaintiff-Appellant, v. FRED CURTIS, INC., and Fidelity and Deposit Company of Maryland, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 1971.

Attorney(s) appearing for the Case

Michael J. Freedman, Arnold D. Levine, Tampa, Fla., Levine & Freedman, P. A., Tampa, Fla., for appellant.

Leonard Gilbert, Tampa, Fla., R. Earl Welbaum, Miami, Fla., Capell, Howard, Knabe & Cobbs, Montgomery, Ala., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P. A., Tampa, Fla., for appellees.

Before GEWIN, COLEMAN, and AINSWORTH, Circuit Judges.

COLEMAN, Circuit Judge:

By these appeals we are at the outset presented with the issue of whether Light and Power Utilities Corporation, supplier of certain material to Southeastern Electrical Enterprises, Inc.,1 a subcontractor on Government construction projects in Florida, notified the prime contractors of its claims against the subcontractor within the ninety day period prescribed by 40 U.S.C.A. § 270b(a).2<...

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