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UNITED STATES v. DOUGLAS CONST. CO., INC.

No. 75-1168.

531 F.2d 478 (1976)

UNITED STATES of America, for the Use and Benefit of Telesfor (Ted) ROMERO, et al., Plaintiffs-Appellants, v. DOUGLAS CONSTRUCTION CO., INC., a corp., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Steven L. Tucker, Santa Fe, N. M. (J. E. Gallegos, of Jones, Gallegos, Snead & Wertheim, P. A., Santa Fe, N. M., on the brief), for plaintiffs-appellants.

Jay R. Gentry Ortiz, of Knight, Sullivan, Villella & Skarsgard, P. A., Albuquerque, N. M., for Clovis O. Herrera Corp. and American Fid. Fire Ins. Co., defendants-appellees.

Robert K. Patten, Albuquerque, N. M. (David R. Gallagher, of Gallagher, Ruud & Casados, Albuquerque, N. M., on the brief), for Douglas Const. Co., Inc., defendant-appellee.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue here presented concerns the applicability of certain provisions of the Davis-Bacon Act to low-rent housing projects built in New Mexico by the Douglas Construction Co. for the All Indian Pueblo Housing Authority. The All Indian Pueblo Housing Authority, hereinafter referred to as All Indian, contracted with Douglas for the construction of two low-rent housing projects. Douglas' surety on both projects was United States Fidelity...

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