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UNITED STATES v. MORLEY CONST. CO.

No. 182.

98 F.2d 781 (1938)

UNITED STATES ex rel. JOHNSON v. MORLEY CONST. CO. et al. (HARRINGTON et al., Interveners).

Circuit Court of Appeals, Second Circuit.

July 29, 1938.

Attorney(s) appearing for the Case

Gibbons, Pottle & Pottle, of Buffalo, N. Y. (Frank Gibbons, of Buffalo, N. Y., of counsel), for Maryland Casualty Co.

Martin J. O'Donnell, of Kansas City, Mo., for Morley Const. Co.

Lansdowne & Lansdowne, of Buffalo, N. Y. (Robert J. Lansdowne, of Buffalo, N. Y., of counsel), for Harrington, as administrator of Moody L. Rupp.

Kennedy, Holand & DeLacy, of Omaha, Neb., and Edwin J. Culligan, of Buffalo, N. Y. (Stanley Montfort, of Buffalo, N. Y., of counsel), for Concrete Engineering Co.

John Marshall Gorman, of Buffalo, N. Y., for J. S. Thorn Co.

McKay & Headley and Clarence McKay, all of Rochester, N. Y., for Marcus Bonsignore et al.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The original defendants, the Maryland Casualty Company and the Morley Construction Company, appeal from a judgment against them, entered upon the verdict of a jury of one, in an action upon a construction contract between the Morley Company and the Veterans Administration of the United States, for the erection of a hospital at Batavia, N. Y. The Maryland Casualty Company was the surety upon this contract; the plaintiff, Johnson, was a sub-contractor...

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