COMMERCIAL STANDARD INS. CO. v. UNITED STATES

No. 4766.

213 F.2d 106 (1954)

COMMERCIAL STANDARD INS. CO. v. UNITED STATES for Use of CRANE CO.

United States Court of Appeals, Tenth Circuit.

May 15, 1954.


Attorney(s) appearing for the Case

C. J. Watts, Oklahoma City, Okl. (Looney, Watts, Ross, Looney & Nichols, Oklahoma City, Okl., on the brief), for appellant.

J. B. McClelland, Jr., Oklahoma City, Okl. (Bruce McClelland, L. G. Kneeland, and Robert O. Bailey, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

Crane Co., a corporation, as use plaintiff, brought this action against O. K. Sprinkler and its surety, Commercial Standard Insurance Company, to recover the balance due for materials furnished Sprinkler under a contract with the United States. The bond of the surety was required by the Miller Act, 40 U.S. C.A. § 270a. The trial court held that the material was used in the prosecution of the work provided for in the contract and was covered...

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