COOLEY v. BARTEN & WOOD, INC.

No. 5284.

249 F.2d 912 (1957)

A. B. COOLEY, d/b/a, etc., Plaintiff, Appellant, v. BARTEN & WOOD, Inc., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided December 5, 1957.


Attorney(s) appearing for the Case

Malcolm S. Stevenson, Bangor, Me., with whom Gerald E. Rudman, Bangor, Me., was on brief, for appellant.

John W. Ballou, Bangor, Me., for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


HARTIGAN, Circuit Judge.

This is an appeal by the plaintiff from a summary judgment for the defendants granted by the United States District Court for the District of Maine.

The plaintiff brought action under the Miller Act, 49 Stat. 794 (1935), 40 U.S. C.A. § 270b, against the principal contractor, Albert A. Lutz Company, Inc., and its sureties, for materials supplied to Lutz's subcontractor, Barten & Wood, Inc., to be used in the erection of a hangar...

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