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MITTRY BROS. CONST. CO. v. UNITED STATES

No. 7309.

75 F.2d 79 (1934)

MITTRY BROS. CONST. CO. et al. v. UNITED STATES, for Use of BELMONT et al. SAME v. UNITED STATES ex rel. KRENGEL et al.

Circuit Court of Appeals, Ninth Circuit.

December 21, 1934.

Attorney(s) appearing for the Case

Orr Chapman and Marshall Chapman, both of Twin Falls, Idaho, for appellants.

H. A. Baker and H. B. Redford, both of Rupert, Idaho, for appellees Belmont and others.

Ray D. Agee, of Twin Falls, Idaho, for appellees Krengel and others.

Before WILBUR and GARRECHT, Circuit Judges.

GARRECHT, Circuit Judge.

The appellant, Mittry Brothers Construction Company, entered into two construction contracts with the United States of America, one on or about May 27, 1929, and the other on or about October 1, 1929, for the construction of what is known as Specifications 489 and 498, on the main canal of the Gravity Extension Division of the Minidoka Project in Idaho. The appellant Fidelity & Deposit Company of Maryland is the surety in both contracts...

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