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UNITED STATES v. CHESTER CONST. CO., INC.

No. 347.

104 F.2d 648 (1939)

UNITED STATES, for Use and Benefit of P. A. BOURQUIN & CO., Inc., et al. v. CHESTER CONST. CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1939.

Attorney(s) appearing for the Case

M. Carl Levine and Morgulas & Foreman, all of New York City (Albert Foreman, of New York City, of counsel), for appellants.

Meyer F. Wiles, of New York City, (Murray L. Halpern, of New York City, of counsel), for appellees.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

This is an action by the United States for the use of P. A. Bourquin Co. and New & Used Equipment Corp., respectively, upon a general contractor's bond posted pursuant to the Miller Act, 49 Stat. 793, 40 U.S.C.A. § 270a et seq. The general contractor, Chester Construction Co., Inc., contracted with the United States to construct a postoffice building at Spring Valley, N. Y. The work of lathing and plastering was sublet to Sherman Plastering...

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