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UNITED STATES v. WILLIAMS

No. 5402.

240 F.2d 561 (1957)

The UNITED STATES of America for the use of THE ARDMORE CONCRETE MATERIAL COMPANY, Inc., a corporation, Appellant, v. H. D. WILLIAMS and W. W. Collins, d/b/a Saxet Foundation Company; T. C. Bateson Construction Company, a corporation; The National Surety Corporation; and Fidelity and Casualty Company of New York, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 15, 1957.

Attorney(s) appearing for the Case

Looney, Watts, Looney, Hamill & Nichols and W. R. Wallace, Jr., Oklahoma City, Okl., for appellant.

Byron Poulis, New York City, Julian B. Fite, Muskogee, Okl., and Brundidge, Fountain, Elliott & Bateman, Dallas, Tex., for appellees.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

The plaintiff-appellant, Ardmore Concrete Company, Inc. brought suit under the Miller Act, §§ 1-4, 40 U.S.C.A. §§ 270a-270d against the defendants-appellees, claiming $5,867.11 for readymixed concrete delivered but not paid for on a government construction project. T. C. Bateson Construction Company is the prime contractor and The National Surety Corporation is surety on its payment bond; Saxet Foundation Company is the subcontractor...

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