BRUCE CONSTRUCTION CORPORATION v. UNITED STATES

No. 16003.

237 F.2d 600 (1956)

BRUCE CONSTRUCTION CORPORATION et al., Appellants, v. UNITED STATES to the use of W. J. EVERHART and Oliver A. Jordan, a copartnership d/b/a Chattanooga Steel Erectors, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1956.


Attorney(s) appearing for the Case

Walter J. Merrill, Anniston, Ala., for appellants.

John W. Vardaman, Anniston, Ala., for appellee. Fred M. Milligan, Chattanooga, Tenn., on the brief.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.


PER CURIAM.

Brought under the Miller Act1 by the subcontractors against the contractor under a contract with the United States for the construction, alteration, or repair of a public building or public work of the United States at Fort McClellan, the suit was for the balance due them for labor performed.

Submitted to a jury after a full trial on a charge, in respect of which no request was made, no exception taken, there was a...

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