UNITED STATES v. H. G. COZAD CONSTRUCTION COMPANY

No. 7247.

324 F.2d 617 (1963)

The UNITED STATES of America for the Use of BACHMAN & KEFFER CONSTRUCTION COMPANY, a partnership composed of Earl Bachman and C. E. Keffer, and the United States Fidelity and Guaranty Company, Appellants, v. H. G. COZAD CONSTRUCTION COMPANY, Inc., a corporation, and Maryland Casualty Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

November 15, 1963.


Attorney(s) appearing for the Case

Elliott C. Fenton, Edgar Fenton, Oklahoma City, Okl., for appellants.

Clyde J. Watts, Oklahoma City, Okl. (John B. Hayes and Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., of counsel), for appellees.

Before LEWIS, HILL and SETH, Circuit Judges.


LEWIS, Circuit Judge.

The United States brought this suit under 40 U.S.C.A. §§ 270a, 270b, 270c and 270d for the use and benefit of Bachman and Keffer Construction Company (B and K) and its surety against H. G. Cozad Construction Company, Inc. (Cozad) and its surety to recover unpaid balances due B and K from Cozad under a labor and material contract. Judgment was entered by the trial court, upon recommendation of a special master, for B and K upon the allegations...

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