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UNITED STATES v. CLIFFORD

No. 8351.

137 F.2d 565 (1943)

UNITED STATES, for Use and Benefit of CALVIN TOMKINS CO., v. CLIFFORD F. MacEVOY CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided August 13, 1943.

Rehearing Denied September 20, 1943.

Attorney(s) appearing for the Case

Benjamin P. DeWitt, of South Orange, N. J. (Sidney Pepper, of New York City, on the brief), for appellant.

Edward F. Clark, of New York City (Elmer O. Goodwin, of Newark, N. J., on the brief), for appellee.

Before JONES, DOBIE, and GOODRICH, Circuit Judges.

DOBIE, Circuit Judge.

This is an action on a payment bond given pursuant to the Miller Act, 49 Stat. 793, 40 U.S.C.A. § 270a, brought by the use-plaintiff, the Calvin Tomkins Company, hereinafter called plaintiff, in the United States District Court for the District of New Jersey, against the Clifford F. MacEvoy Company, hereinafter called defendant, and the Aetna Casualty and Surety Company, hereinafter called surety.

On June 3, 1941, the defendant entered...

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