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R. P. FARNSWORTH & CO. v. ELECTRICAL SUPPLY CO.

No. 9138.

112 F.2d 150 (1940)

R. P. FARNSWORTH & CO., Inc., v. ELECTRICAL SUPPLY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1940.

Attorney(s) appearing for the Case

J. C. Henriques and Gordon Boswell, both of New Orleans, La., for appellant.

Irving R. Saal and Lawrence K. Benson, both of New Orleans, La., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

Rehearing Denied July 2, 1940. See 113 F.2d 111.

SIBLEY, Circuit Judge.

R. P. Farnsworth & Co., Inc. (called hereinafter Farnsworth), contracted with the United States to construct a building for the Marine Hospital at New Orleans and gave the bond required by statute, 40 U.S.C.A. § 270, with Union Indemnity Company as surety. The building was finished and occupied early in 1932, but a balance on the contract price...

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