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UNITED STATES v. UNITED ENTERPRISES

No. 15431.

226 F.2d 359 (1955)

UNITED STATES of America, for the Benefit and on Behalf of Adam J. LANEHART, Appellant, v. UNITED ENTERPRISES, Inc., and Seaboard Surety Company, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 23, 1955.

Attorney(s) appearing for the Case

Ashton L. Stewart, Baton Rouge, La., for appellant.

R. Emmett Kerrigan, Ralph L. Kaskell, Jr., Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, JONES, Circuit Judge, and CHRISTENBERRY, District Judge.

CHRISTENBERRY, District Judge.

Pursuant to the Miller Act, § 2, 40 U. S.C.A. § 270b, this action was brought in the name of the United States for the benefit and on behalf of Adam J. Lanehart, to recover a balance of $11,663.96 alleged to be due on a subcontract performed by Lanehart for United Enterprises, Inc. The District Court rendered judgment in favor of Lanehart in the sum of $3,032.87. 118 F.Supp. 427; Id., D...

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