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FRIEBEL AND HARTMAN, v. UNITED STATES

No. 12787.

238 F.2d 394 (1956)

FRIEBEL AND HARTMAN, Inc., and American Casualty Company of Reading, Pennsylvania, Appellants, v. The UNITED STATES of America for the Use of CODELL CONSTRUCTION COMPANY, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

October 4, 1956.

Attorney(s) appearing for the Case

Eastman, Stichter & Smith, Toledo, Ohio, for appellants.

Jos. F. Hogan, D. Curtis Reed, Columbus, Ohio, for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This is an action on a payment bond furnished by a contractor, Friebel and Hartman, Inc., under 40 U.S.C. § 270a, 40 U.S.C.A. § 270a, such action having been brought under 40 U.S.C. § 270b, 40 U.S. C.A. § 270b, by a plaintiff, Codell Construction Company, Inc., alleged to have furnished certain equipment to a subcontractor, General Excavators, Inc., which was used under a contract for erecting a public building awarded by the United...

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