MASSACHUSETTS BONDING & INS. CO. v. UNITED STATES

No. 8236.

88 F.2d 388 (1937)

MASSACHUSETTS BONDING & INS. CO. v. UNITED STATES, for Use of CLARKSDALE MACHINERY CO. UNITED STATES, for Use of CLARKSDALE MACHINERY CO., v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Fifth Circuit.

March 3, 1937.


Attorney(s) appearing for the Case

W. W. Venable, of Clarksdale, Miss., for appellant and cross-appellee.

J. M. Talbot, of Clarksdale, Miss., for appellee and cross-appellant.

Before FOSTER and SIBLEY, Circuit Judges, and HOLLAND, District Judge.


SIBLEY, Circuit Judge.

The suit was at law, brought by the United States, for the use of Clarksdale Machinery Company, on the bond of L. A. Wilson & Co., contractors to build a certain levee near the Mississippi river, Massachusetts Bonding & Insurance Company being the surety. The bond, pursuant to 40 U.S.C.A. § 270, contained the additional obligation that the contractor "shall promptly make payments to all persons supplying him * * * with labor and...

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