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UNITED STATES v. JOHN A. JOHNSON CONTRACTING CORP.

No. 8380.

139 F.2d 274 (1943)

UNITED STATES, for Use and Benefit of WORTHINGTON PUMP & MACHINERY CORPORATION, v. JOHN A. JOHNSON CONTRACTING CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

Decided December 8, 1943.

Attorney(s) appearing for the Case

Edward H. Cushman, of Philadelphia, Pa. (Frederic C. Ritger, of Newark, N. J., on the brief), for appellants.

Andrew B. Crummy, of Newark, N. J., for appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

Worthington Pump and Machinery Corporation, plaintiff, brought suit against John A. Johnson Contracting Corporation and the American Surety Company to recover the price of materials delivered to a construction project at Fort Dix, N.J. The amount of the claim is undisputed. The Johnson Corporation was the principal contractor pursuant to a contract with the United States. The American Surety Company was the surety required under the Miller...

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