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UNITED STATES v. TEXAS CONSTRUCTION COMPANY

No. 15166.

224 F.2d 289 (1955)

UNITED STATES of America for the use and benefit of CALDWELL FOUNDRY AND MACHINE COMPANY, Inc., Appellant v. TEXAS CONSTRUCTION COMPANY and United States Fidelity and Guaranty Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 16, 1955.

Attorney(s) appearing for the Case

Leake, Henry, Golden & Burrow, Dallas, Tex., Smyer, Smyer, White & Reid, Birmingham, Ala., Hawkins Golden, Wm. Burrow, Dallas, Tex., W. Bruce White, Birmingham, Ala., for appellant.

Donald G. Gay, Dallas, Tex., for appellee.

Before HOLMES and RIVES, Circuit Judges, and THOMAS, District Judge.

RIVES, Circuit Judge.

Appellant, Caldwell, sued appellee, Texas, and its surety, United States Fidelity and Guaranty Company, under the Miller Act, 40 U.S.C.A., §§ 270a-270d, for the unpaid balance of the purchase price of certain hoisting machinery installed on the spillway of the Lavon Dam on the Trinity River some 30 miles northeast of Dallas, a total of $33,309.61 plus interest and attorney's fees. The claim was not seriously contested except by way...

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