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ST. PAUL-MERCURY INDEMNITY COMPANY v. UNITED STATES

Nos. 5331, 5332.

238 F.2d 917 (1956)

ST. PAUL-MERCURY INDEMNITY COMPANY, Appellant, v. UNITED STATES of America FOR THE USE OF H. C. JONES, doing business as H. C. Jones Construction Company, Appellee. Burden Ivy BARFIELD, Bourdon Ray Barfield, and Oliver Eakle Barfield, as co-partners doing business as Barfield Construction Company, Appellants, v. UNITED STATES of America FOR THE USE OF H. C. JONES, doing business as H. C. Jones Construction Company, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 4, 1957.

Attorney(s) appearing for the Case

Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Wichita, Kan., for appellant St. Paul-Mercury Indemnity Co.

W.F. Lilleston, George Stallwitz, Richard W. Stavely, Wichita, Kan., for appellants Burden Ivy Barfield, Bourdon Ray Barfield, and Oliver Eakle Barfield, as co-partners doing business as Barfield Const. Co.

James P. Mize, Salina, Kan., George B. Powers and Malcolm Miller, Wichita, Kan., for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

H. C. Jones, d/b/a Jones Construction Company, brought this action under the Miller Act, 40 U.S.C.A. § 270a et seq., against Barfield Construction Company, a copartnership composed of Burden Ivy Barfield, Bourdon Ray Barfield, and Oliver Eakle Barfield, and St. Paul-Mercury Indemnity Company, a corporation, to recover the reasonable value of labor and material furnished to Barfield at Salina, Kansas, on government contracts. Barfield was...

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