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LEE E. MORRIS, INC. v. UNITED STATES

Nos. 4988, 4989.

219 F.2d 541 (1955)

LEE E. MORRIS, Inc., and Pacific National Fire Insurance Company, Appellants, v. UNITED STATES of America, for the Use and Benefit and on behalf of James E. ROBERTS, Appellee. UNITED STATES of America, for the Use and Benefit and on behalf of James E. ROBERTS, Cross-Appellant, v. LEE E. MORRIS, Inc., and Pacific National Fire Insurance Company, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

February 3, 1955.

Attorney(s) appearing for the Case

Edward T. Lazear, Cheyenne, Wyo. (Loomis, Lazear & Wilson, Cheyenne, Wyo., were with him on the briefs), for appellants and cross-appellees.

J. Hickey, Cheyenne, Wyo. (Ellery, Gray & Hickey, Cheyenne, Wyo., were with him on the briefs), for appellee and cross-appellant.

Before PHILLIPS, Chief Judge, BRATTON, Circuit Judge, and VAUGHT, District Judge.

PHILLIPS, Chief Judge.

The United States brought this action on behalf of Roberts against Lee E. Morris, Inc.,1 and Pacific National Fire Insurance Company2 under the Miller Act, 40 U.S.C.A. § 270b, to recover a balance alleged to be due under a subcontract entered into between Roberts and Morris.

On January 29, 1953, Morris entered into a written contract with the United States to furnish materials...

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