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UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES

No. 4497.

201 F.2d 118 (1952)

UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

December 30, 1952.

Attorney(s) appearing for the Case

Justin T. Reid, Santa Fe, N. M., and J. Harry Cross, Baltimore, Md. (A. K. Montgomery and Wm. R. Federici, Santa Fe, N. M., were with them on the brief) for appellant.

Louise Foster, Washington, D. C. (Charles S. Lyon, Acting Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Fred E. Youngman, Sp. Assts. to the Atty. Gen. and Maurice Sanchez, U. S. Atty., Albuquerque, N. M., were with her on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

The Construction Department of the United States Army entered into a contract with C. H. Leavell and Company for the construction of the Missile Building at White Sands Proving Grounds in New Mexico. Leavell entered into a subcontract with Kendrick Electric, Inc., for performance of part of this work. The United States Fidelity and Guaranty Company executed the payment bond for Kendrick required by the Miller Act.1

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