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F. D. RICH CO., v. INDUSTRIAL LUMBER CO.

No. 72-1382.

417 U.S. 116 (1974)

94 S.Ct. 2157

40 L.Ed.2d 703

F. D. RICH CO., INC., ET AL. v. UNITED STATES FOR THE USE OF INDUSTRIAL LUMBER CO., INC.

Supreme Court of United States.

Decided May 28, 1974.

Attorney(s) appearing for the Case

Lawrence Gochberg argued the cause for petitioners. With him on the brief were Otto Rohwer and Ronald N. Paul.

Dennis S. Harlowe argued the cause for respondent. With him on the brief was E. M. Murray.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

The Miller Act, 49 Stat. 793, as amended, 80 Stat. 1139, 40 U. S. C. § 270a et seq., requires a Government contractor1 to post a surety bond "for the protection of all persons supplying labor and material in the prosecution of the work provided for" in the contract. The Act further provides that any person who has so furnished labor or material and who has not been paid...

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