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UNITED STATES v. HAMPTON ROADS SHIPBUILDING CORP.

No. 3673.

72 F.2d 943 (1934)

UNITED STATES for Use and Benefit of LANCASTER IRON WORKS, Inc., et al. (WILKINS et al., Interveners) v. HAMPTON ROADS SHIPBUILDING CORPORATION et al.

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

Tazewell Taylor, Jr., of Norfolk, Va. (Charles H. Le Fevre, of Washington, D. C., Robert R. Beaton, of Portsmouth, Va., J. Sydney Smith, Jr., of Norfolk, Va., Edward Ash, of New York City, and Alan W. Carrick, of Newark, N. J., on the brief), for appellants.

Leigh D. Williams, of Norfolk, Va., for appellees.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is an appeal from an order dismissing, as having been prematurely brought, an action instituted under the Hurd Act, 40 USCA § 270, on the bond of a contractor with the government. The action was instituted, not by the government, but by persons who had furnished materials to the contractor; and the sole question presented is whether, upon the facts as alleged, there had been a complete performance and final settlement of the contract...

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