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UNITED STATES v. BASS

No. 8196.

111 F.2d 965 (1940)

UNITED STATES, for the Use and Benefit of JOHN A. DENIE'S SONS CO., v. BASS et al.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1940.

Attorney(s) appearing for the Case

McDonald, McDonald & Brown and John A. Osoinach, all of Memphis, Tenn., for appellant.

Burch, Minor & McKay, of Memphis, Tenn., for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

PER CURIAM.

In a suit in the name of the United States for the use and benefit of a subcontractor against the principal contractor and his sureties upon a bond for public work under Sec. 270a et seq., 40 U.S.C.A., tried to the court without a jury,

It appearing that the court overruled a claim of the use plaintiff on the ground that not having any contractual relationship express or implied with the principal contractor, he had not given the statutory written...

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