WESTERN CASUALTY AND SURETY COMPANY v. BIGGS

No. 11074.

217 F.2d 163 (1954)

WESTERN CASUALTY AND SURETY COMPANY, Plaintiff-Appellee, v. Eusebius J. BIGGS, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 27, 1954.


Attorney(s) appearing for the Case

Eusebius J. Biggs, Chicago, Ill., pro se.

William McKinley, Paul E. Price, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.


PER CURIAM.

In 1938 Eusebius J. Biggs and Andrew B. Gregory, doing business as partners under the firm name of Biggs and Gregory and Biggs Construction Company, were awarded a contract to build a post office for the Government at Newton, Illinois. These general contractors furnished a regular contractor's performance bond and they also, pursuant to the Miller Act, 40 U.S.C.A. § 270a(a) (2), furnished a payment bond,...

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