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UNITED STATES v. HERCULES CO.

No. 504.

52 F.2d 451 (1931)

UNITED STATES v. HERCULES CO. et al. (ROYAL ROUTE CO., Intervener).

District Court, S. D. Mississippi, W. D.

As Modified on Denial of Rehearing September 25, 1931.

Attorney(s) appearing for the Case

W. I. McKay, of Vicksburg, Miss., for intervener.

Brunini & Hirsch, of Vicksburg, Miss., for defendants.

HOLMES, District Judge.

The plaintiff brought this action upon a bond given to it in pursuance of the Act of Aug. 13, 1894, c. 280, 28 Stat. 278, as amended by Act Feb. 24, 1905, c. 778, 33 Stat. 811 (40 USCA § 270). The principal obligor in the bond and its sureties are the defendants. Under the contract, dated May 28, 1925, the Hercules Company, Limited, the contractor, for a stated consideration, agreed to "furnish all the necessary labor, plant, and material...

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