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HOUSTON FIRE & CASUALTY INSURANCE CO. v. UNITED STATES

No. 15139.

217 F.2d 734 (1954)

HOUSTON FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. UNITED STATES of America, BY AND FOR THE USE OF THE FIRST STATE BANK OF DENTON, DENTON, TEXAS, Appellee.

United States Court of Appeals, Fifth Circuit.

December 22, 1954.

Attorney(s) appearing for the Case

J. A. Gooch, Fort Worth, Tex., Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., of counsel, for appellant.

Judge Gambill, Fort Worth, Tex., Joe Skiles, Denton, Tex., Allen, Gambill & Gambill, Fort Worth, Tex., for appellee United States of America by and for the use of the First State Bank of Denton, Denton, Texas.

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

HUTCHESON, Chief Judge.

This is a Miller Act suit, Title 40 U.S.C.A. §§ 270a and 270b, brought by the United States as use plaintiff for the benefit of the First State Bank of Denton, assignee of Denton Plumbing and Heating Co., a subcontractor under the Bailey Co., the principal contractor.

The claim was: that on or about July 16, 1951, Bailey and Denton entered into a subcontract for the furnishing of labor and materials at a base price of $39...

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