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UNITED STATES v. J. A. J. CONST. CO.

Nos. 8335, 8394.

137 F.2d 584 (1943)

UNITED STATES, to Use of PAR-LOCK APPLIERS OF NEW JERSEY, Inc., v. J. A. J. CONST. CO., Inc., et al. SAME v. LEWIS.

Circuit Court of Appeals, Third Circuit.

Decided August 13, 1943.

Attorney(s) appearing for the Case

Edward H. Cushman, of Philadelphia, Pa., for appellants the Companies.

John M. Smith, Jr., of Philadelphia, Pa., for appellant Lewis.

Meyer L. Casman, of Philadelphia, Pa., for appellee.

Before BIGGS, JONES, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

These civil actions were argued before us together and they may be disposed of in a single opinion. The first action was brought by a materialman as use-plaintiff against a general contractor and its surety upon a payment bond given by the general contractor under the Miller Act, 49 Stat. 793, 40 U.S.C.A. § 270a. The second action was brought by a materialman, the use-plaintiff, in contract, against the subcontractor. In the United States...

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