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UNITED STATES v. A. J. RIFE CONST. CO., ETC.

No. 15432.

224 F.2d 600 (1955)

UNITED STATES of America, for the Use and Benefit of BURTON MILL AND CABINET WORKS, Appellant, v. A. J. RIFE CONSTRUCTION COMPANY AND ASSOCIATES et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1955.

Attorney(s) appearing for the Case

Henry Klepak, Dallas, Tex., for appellant.

Thomas R. Hartnett, III, Dallas, Tex., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

Pursuant to 40 U.S.C.A. §§ 270-270d, this action was brought in the name of the United States for the use and benefit of Burton Mill and Cabinet Works, the materialman for certain millwork in buildings constructed at Carswell Air Force Base, against the prime contractor, A. J. Rife Construction Company and Associates, and the surety on its Miller Act bond, the Seaboard Surety Company. The subcontractor claimed it was due $2,956.12...

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