COFFEE v. UNITED STATES

No. 11694.

157 F.2d 968 (1946)

COFFEE et al. v. UNITED STATES, for Use and Benefit of GORDON.

Circuit Court of Appeals, Fifth Circuit.

November 18, 1946.


Attorney(s) appearing for the Case

Harry T. Gray, of Jacksonville, Fla., and Morgan Belser, of Atlanta, Ga., for appellants.

Herbert Lamson and Lloyd Smith, both of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

The appellee R. T. Gordon obtained a judgment for sand furnished in the work against appellants L. M. Coffee and C. G. Coffee, co-partners, and their sureties on a public construction payment bond given under the Miller Act, 40 U.S.C.A. §§ 270a and 270b. The only point for decision on this appeal is whether Gordon, whose contractual relationship was only with subcontractors, gave a sufficient notice of his claim to the Coffees, the...

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