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UNITED STATES v. AMERICAN SURETY CO.

No. 11645.

158 F.2d 12 (1946)

UNITED STATES v. AMERICAN SURETY CO. OF NEW YORK et al.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1946.

Attorney(s) appearing for the Case

Arthur L. Jacobs, Sp. Asst. to the Atty. Gen., and Sewall Key, Acting Asst. Atty. Gen., both of Washington, D. C., and Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Edith House, Asst. U. S. Atty., of Jacksonville, Fla., for appellant.

Joseph H. Ross, Cyril C. Copp, Walter C. Shea, Gordon McCauley, George C. Bedell, Joseph M. Glickstein, and William A. Carter, all of Jacksonville, Fla., Roger H. West, Frank E. Newlin, and W. J. Gardiner, all of Daytona Beach, Fla., T. G. Futch, of Leesburg, Fla., James J. Marshall, of Miami, Fla., and Willis Sherill, of West Palm Beach, Fla., for appellees.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The American Surety Company was surety on the bond of a public contractor conditioned "to pay all persons supplying labor and material in the prosecution of the work provided for in the contract." The contractor failed to make payment and the surety filed a bill in the nature of an interpleader, paying into court the amount of the bond, which is insufficient to pay all claimants. The United States intervened to assert a claim of over $16,000...

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