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UNITED STATES v. PHOENIX INDEMNITY COMPANY

No. 7134.

231 F.2d 573 (1956)

UNITED STATES of America, Appellant and Cross-Appellee, v. PHOENIX INDEMNITY COMPANY and The Century Indemnity Company, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided April 9, 1956.

Attorney(s) appearing for the Case

S. Dee Hanson, Attorney, Department of Justice (Charles K. Rice, Acting Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott and Fred E. Youngman, Attorneys, Department of Justice, Edwin M. Stanley, U. S. Atty., and Robert L. Gavin, Asst. U. S. Atty., Greensboro, N. C., on brief), for appellant and cross-appellee.

Claude C. Pierce, Jr., Greensboro, N. C. (Kenneth M. Brim, and Brooks, McLendon, Brim & Holderness, Greensboro, N. C., on brief), for appellees and cross-appellants.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit was brought by the United States against Phoenix Indemnity Company and The Century Indemnity Company, co-sureties on a performance and payment bond of January 16, 1952 which was executed by Crystal Lumber Co., Inc. as principal, in connection with a construction contract of even date between it and the Housing Authority of the City of Fayetteville, North Carolina, for the construction of a low cost housing project. The purpose of the...

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