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KANSAS CITY MARBLE & TILE CO. v. PENKER CONST. CO.

No. 4090.

86 F.2d 287 (1936)

KANSAS CITY MARBLE & TILE CO. v. PENKER CONST. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

November 9, 1936.

Attorney(s) appearing for the Case

Martin J. O'Donnell, of Kansas City, Mo. (Harris, Harvey & Brown, of Danville, Va., and William Buchholz, of Kansas City, Mo., on the brief), for appellant.

R. E. Simmonds, Jr., of Cincinnati, Ohio (Walter L. Tarr, of Cincinnati, Ohio, on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

This is a suit under the Heard Act (40 U.S.C.A. § 270) to recover from the general contractor and its bondsman for the value of stone furnished to a subcontractor and used in the construction of a public building. The stone was furnished by the intervening petitioner, Kansas City Marble & Tile Company, to the subcontractor, Alberene Stone Company. In order that the subcontractor might obtain payment from the general contractor, the intervening...

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