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UNITED STATES v. ORSHEK

No. 13512.

164 F.2d 741 (1947)

UNITED STATES et al. v. ORSHEK et al.

Circuit Court of Appeals, Eighth Circuit.

December 1, 1947.

Attorney(s) appearing for the Case

William H. Lamme, of Fremont, Neb., Walter Wm. Pearson and James R. Phillips, both of Chicago, Ill., Spear & Lamme, of Fremont, Neb., and Murphy, Pearson & O'Connor, of Chicago, Ill., for appellant.

Arthur C. Sidner, of Fremont, Neb. (Yale C. Holland and Edwin Cassem, both of Omaha, Neb., Sidner, Lee & Gunderson and Kennedy, Holland, DeLacy & Svoboda, all of Omaha, Neb., on the brief), for appellees.

Before GARDNER, WOODROUGH and RIDDICK, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment dismissing the complaint for improper venue. The parties will be referred to as they were designated in the trial court. The action was one brought under the so-called Miller Act, 40 U.S.C.A. §§ 270a to 270e, inclusive, in the name of the United States of America for the use and benefit of an employee of a subcontractor against the principal contractor and his surety on a bond given to the United...

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