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EDWARD E. MORGAN CO. v. UNITED STATES

No. 15650.

230 F.2d 896 (1956)

EDWARD E. MORGAN CO., Inc., Jones & Gillis, Incorporated, and United States Fidelity and Guaranty Company, Appellants, v. UNITED STATES of America, for Use and Benefit of W. O. PELPHREY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 23, 1956.

Attorney(s) appearing for the Case

William Harold Cox, Jackson, Miss., Hilton E. Howell, Waco, Tex., Naman, Howell & Boswell, Waco, Tex., of counsel, for appellants.

J. W. Crosland, Dallas, Tex., Peeler Williams, Jr., Sleeper, Boynton, Darden & Burleson, Waco, Tex., Ritchie, Ritchie & Crosland, Dallas, Tex., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

The appellants, Edward E. Morgan Company, Inc., and Jones & Gillis, Incorporated, herein referred to as the prime contractors, entered into a contract with the United States of America for the construction of runway, taxiway and parking apron extensions at the Gray Air Force Base near Killeen, Texas. A construction bond was given by the prime contractors with the appellant, United States Fidelity and Guaranty Company, as surety. The contract...

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