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HOUSTON FIRE & CASUALTY INSURANCE CO. v. UNITED STATES

No. 15116.

217 F.2d 727 (1954)

HOUSTON FIRE AND CASUALTY INSURANCE COMPANY and Joe B. Evans, Joe I. Evans and R. H. Thorp, Appellants, v. UNITED STATES of America for the Use and Benefit of the TRANE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 22, 1954.

Attorney(s) appearing for the Case

J. A. Gooch, Fort Worth, Tex., for appellants.

William Madden Hill, Dallas, Tex., Ungerman, Hill & Ungerman, Dallas, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and ALLRED, District Judge.

HUTCHESON, Chief Judge.

Brought by the United States as use plaintiff upon a Miller Act bond, 40 U.S. C.A. § 270a given by the Bailey Company, as principal contractor, the suit was to recover for the use and benefit of the Trane Company, $6221.51, the balance due it for materials furnished Denton Plumbing & Heating Co., a subcontractor on the job.

The claim was: that the Trane Company, as a materialman and furnisher to Denton Plumbing & Heating...

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