INDEMNITY INSURANCE CO. v. BROWNING-FERRIS MACH. CO.

No. 15493.

227 F.2d 804 (1955)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. BROWNING-FERRIS MACHINERY COMPANY, John A. Petty and Joe J. Wilson, Appellees.

United States Court of Appeals Fifth Circuit.

December 9, 1955.


Attorney(s) appearing for the Case

Ralph W. Malone, Dallas, Tex., Malone, Lipscomb & Seay, Dallas, Tex., for appellant.

L. F. Burke, Longview, Tex., Neth L. Leachman, Neth L. Leachman, Jr., Leachman, Gardere, Akin & Porter, Dallas, Tex., for appellee, Browning-Ferris Machinery Co.

Hurst & Burke, Longview, Tex., for John A. Petty.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.


BROWN, Circuit Judge.

A case so simple that master strategists could not possibly have planned it into complexity has inadvertently become so snarled that we must painstakingly unthread the backlash to assure the result so evidently required.

Browning-Ferris sued Petty, the prime contractor, Wilson, the subcontractor, and Indemnity Insurance, surety, on a Miller Act, 40 U.S.C.A. § 270, bond for unpaid rental charges for machinery used on a Government...

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