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UNITED STATES v. GEORGE

No. 16311.

243 F.2d 83 (1957)

UNITED STATES of America for the Use and Benefit of H. O. KILSBY, Appellant, v. John R. GEORGE and National Surety Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 2, 1957.

Attorney(s) appearing for the Case

Wm. Andress, Jr., Dallas, Tex., for appellant.

Allen Wight, Dallas, Tex., John D. Raffaelli, Texarkana, Tex., for appellees.

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

RIVES, Circuit Judge.

A subcontractor, H. O. Kilsby, as use plaintiff, brought this suit under the Miller Act1 against his prime contractor, John R. George, and George's surety. The record on appeal does not contain any transcript of the evidence because it is conceded that the facts were correctly found by the district court. The general factual background of the controversy is well stated by the learned district judge in his memorandum...

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