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JEFFERSON CONSTRUCTION CO. v. UNITED STATES

Nos. 5684, 5685.

283 F.2d 265 (1960)

JEFFERSON CONSTRUCTION CO. et al., Defendants, Appellants, v. UNITED STATES of America, for the Use and Benefit of Roy BACON, et al., Appellees. MEL TRUCKING & CONTRACTING CO., Inc., Defendant, Appellant, v. UNITED STATES of America, for the Use and Benefit of Roy BACON, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided October 25, 1960.

Attorney(s) appearing for the Case

Philip M. Cronin, Boston, Mass., and Withington, Cross, Park & McCann, Boston, Mass., on brief, for appellants in No. 5684.

Francis E. Sullivan, Boston, Mass., with whom John T. Bowes, Boston, Mass., and Sullivan, Bowes & Curley, Boston, Mass., were on brief, for appellant in No. 5685.

Joseph G. Kelly, Boston, Mass., with whom Samuel A. Valenti, Boston, Mass., was on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

These appeals involve the propriety of a summary judgment entered by the district court in an action under the Miller Act, 40 U.S.C.A. §§ 270a-270d. The defendants are Jefferson Construction Company, a general contractor on a government project, Mel Trucking and Construction Company, a subcontractor who contracted with the use plaintiff, hereinafter called plaintiff, and a number of surety companies on the bond of the general contractor...

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