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UNITED STATES v. A. J. RIFE CONSTRUCTION CO. & ASSOC.

No. 15890.

233 F.2d 789 (1956)

UNITED STATES of America, for the Use and Benefit of BURTON MILL AND CABINET WORKS, Appellant, v. A. J. RIFE CONSTRUCTION COMPANY AND ASSOCIATES, and Seaboard Surety Company of New York State, Appellees.

United States Court of Appeals Fifth Circuit.

May 31, 1956.

Attorney(s) appearing for the Case

Henry Klepak, Dallas, Tex., for appellant.

Thomas R. Hartnett, III, George E. Flannigan, Dallas, Tex., Turner, White, Atwood, McLane & Francis, Dallas, Tex., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

PER CURIAM.

This is the second appearance of this case here. On the previous appeal, 224 F.2d 600, we noted that the findings of fact were not consistent with the judgment. It now appears that the appellant, the plaintiff below, brought forward additional testimony of a government inspector to bolster its claim that the materials furnished by it measured up to the requirements of the contract. In its findings on the second trial,...

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