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UNITED STATES v. PLATT CONTRACTING CO.

Nos. 6140, 6165.

324 F.2d 95 (1963)

UNITED STATES of America, f/u/b/o Henry J. LARKIN, d/b/a Larkin Company, Plaintiff, Appellant, v. PLATT CONTRACTING CO., Inc., et al., Defendants, Appellees. Henry J. LARKIN, d/b/a Larkin Company, Defendant, Appellant, v. CONTINENTAL CASUALTY COMPANY et al., Appellees.

United States Court of Appeals First Circuit.

Decided November 12, 1963.

Attorney(s) appearing for the Case

Henry J. Larkin on brief in Nos. 6140 and 6165, pro se.

Lee H. Kozol, Boston, Mass., with whom Frank L. Kozol and Friedman, Atherton, Sisson & Kozol, Boston, Mass., were on brief, for Platt Contracting Co., Inc., appellee, in No. 6140.

John W. Blakeney and Blakeney & Blakeney, Boston, Mass., were on brief for Continental Cas. Co., and others, appellees, in No. 6140.

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

WOODBURY, Chief Judge.

These are appeals from two orders of the United States District Court for the District of Massachusetts, one dated March 25, 1963, and the other dated May 21, 1963.

On December 13, 1961, the appellant Larkin recovered a judgment in the court below under the Miller Act, 40 U.S.C. § 270a-270d against Platt Contracting Co., Inc., a principal contractor, and its sureties, Continental Casualty Company and American Employers Insurance...

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