UNITED STATES v. SMITH

No. 20216.

324 F.2d 622 (1963)

UNITED STATES of America, Appellant, v. Robert SMITH, d/b/a Smith Contracting Company, et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 19, 1963.


Attorney(s) appearing for the Case

Morton Hollander, Kathryn H. Baldwin, David L. Rose, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Donald H. Fraser, U. S. Atty., for appellant.

John C. Wylly, Ralph L. Crawford, John R. Calhohn, Charles L. Sparkmen, Savannah, Ga., for appellees.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.


TUTTLE, Chief Judge.

The United States appeals from a judgment of the trial court holding it liable under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), to six subcontractors who performed work for a Government prime contractor on the ground that he had failed to require a payment bond from the contractor under the Miller Act, 40 U.S.C.A. § 270a, before execution of the prime contract.

The facts are not in dispute. Government contracting officers...

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