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U.S. FOR USE & BEN. OF SPIKES v. AMERIC INC.

Civ. A. No. 74-228.

416 F.Supp. 456 (1976)

The UNITED STATES of America for the Use and Benefit of Herman SPIKES et al. v. AMERIC INCORPORATED and American Fidelity Fire Insurance Company.

United States District Court, M. D. Louisiana.

June 14, 1976.

Attorney(s) appearing for the Case

Curtis A. Calloway, Lacour & Calloway, Baton Route, La., for plaintiffs.

Paul H. Spaht, Kantrow, Spaht, Weaver & Walter, Baton Rouge, La., for Americ Inc. and American Fidelity Fire Ins. Co.

E. GORDON WEST, District Judge:

Plaintiff Herman Spikes sues under the Miller Act, 40 U.S.C. §§ 270a-270d, to recover monies allegedly due him from Americ, Inc., for "fill" hauling which he allegedly orally sub-contracted to perform for Americ under its primary contract with the U. S. Army Corps of Engineers for emergency levee topping construction at Morganza, Louisiana, in 1974. Spikes claims that Americ owes...

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