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UNITED STATES v. TRINITY UNIVERSAL INSURANCE CO.

No. 16605.

249 F.2d 350 (1957)

UNITED STATES of America, Intervenor, Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 18, 1957.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, John N. Stull, George F. Lynch, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Frank O. Evans, U. S. Atty., J. Sewell Elliott, Asst. U. S. Atty., Macon, Ga., for appellant.

Vance Custer, Charles H. Kirbo, Bainbridge, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal is from a judgment,1 based on a stipulation of facts2 with exhibits attached, in favor of appellee, the surety on a government construction contract awarding it custody, control and payment of a treasury check for $5259.31, payable to Harry B. Gay, the contractor, and representing the balance due under the contract.

Appellant...

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