WOODBURY, Circuit Judge.
This is an appeal from a final judgment entered on a directed verdict for the defendants in an action brought under § 2 of the Miller Act, so called. 49 Stat. 794; 40 U.S.C.A. § 270b.
The use plaintiff, Mario Pandolf Company, Inc., is a Massachusetts corporation which in October, 1942, owned a gasoline shovel and a grease gun to go with it. On October 29 of that year by written agreement it leased the above property to a...
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