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PERRY v. UNITED STATES

No. 11143.

146 F.2d 398 (1945)

PERRY et al. v. UNITED STATES, for Use of NEWELL et al.

Circuit Court of Appeals, Fifth Circuit.

January 5, 1945.

Attorney(s) appearing for the Case

E. L. Snow and J. A. Covington, Jr., both of Meridian, Miss., for appellants.

Robert Burns, of Jackson, Miss., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, brought by "Newell," an electrical subcontractor on a government contract, against "Perry," the general contractor, was to recover $4479.86 held back to cover outside electrical work, that is, poles, connecting wires, etc. which Newell claimed was not, and Perry claimed was, included in Newell's subcontract. Tried to the court without a jury, there were findings and a judgment in favor of Newell, the subcontractor, and Perry has...

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