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DOW v. UNITED STATES

No. 3170.

154 F.2d 707 (1946)

DOW et al. v. UNITED STATES, for Use and Benefit of HOLLEY.

Circuit Court of Appeals, Tenth Circuit.

March 16, 1946.

Attorney(s) appearing for the Case

Arthur E. Moreton, of Salt Lake City, Utah (John E. McCall, of Los Angeles, Cal., and E. R. Christensen, of Salt Lake City, Utah, on the brief), for appellants.

Gordon R. Strong, of Salt Lake City, Utah (Benjamin L. Rich, of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

The United States awarded to R. H. Dow, engaged in business under the trade name of L. F. Dow Company, a prime contract for the construction of six warehouses at an army air base near Ogden, Utah; and a bond was executed and delivered, conditioned as required by the so-called Miller Act, 49 Stat. 793, 40 U.S.C.A. § 270a et seq. Dow entered into a subcontract with Ben J. Holley for the performance of that part of the work referred to as...

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