SOUTHERN PAINTING COMPANY OF TENN. v. UNITED STATES

No. 5007.

222 F.2d 431 (1955)

SOUTHERN PAINTING COMPANY OF TENNESSEE, Inc., a corporation; and United Pacific Insurance Company, a corporation, Appellants, v. UNITED STATES of America, for the Use of E. M. SILVER, Doing Business as Silver Plumbing & Heating, Appellee.

United States Court of Appeals Tenth Circuit.

May 5, 1955.


Attorney(s) appearing for the Case

Howard G. Engleman, Salina, Kan. (E. S. Hampton, H. H. Dunham, Jr., John Q. Royce and C. Stanley Nelson, Salina, Kan., on the brief), for appellants.

Malcolm Miller, Wichita, Kan. (James P. Mize, Salina, Kan., George B. Powers, Carl T. Smith, Wichita, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.


HUXMAN, Circuit Judge.

This is an appeal by the defendants, Southern Painting Company of Tennessee, Inc., and the United Pacific Insurance Company, from a judgment of $13,000 rendered by the United States District Court for the District of Kansas in favor of the appellee, E. M. Silver, doing business as Silver Plumbing and Heating, in an action by the United States for the use of E. M. Silver, under the Miller Act, 40 U.S.C.A. § 270a, etc.

The complaint...

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