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SOCONY-VACUUM OIL CO. v. CONTINENTAL CASUALTY CO.

No. 156, Docket 23179.

219 F.2d 645 (1955)

SOCONY-VACUUM OIL COMPANY, Incorporated, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 7, 1955.

Attorney(s) appearing for the Case

Edmunds, Austin & Wick, Burlington, Vt., for plaintiff-appellant.

Fletcher B. Joslin, Theriault & Joslin, Montpelier, Vt. (Andrew Eckel, New York City, Donald B. Knight, Brooklyn, N. Y., of counsel), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The Bennett-Stewart Co., Inc. (hereinafter referred to as the prime contractor) was awarded a contract by the United States Government to construct a radar station at St. Albans, Vermont, and gave the "performance bond" and the "payment bond" required by the Miller Act, 40 U.S.C.A. §§ 270a, 270b.1 The prime contractor entered into a subcontract with R. F. Carpenter, Inc. (hereinafter referred to as the...

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