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UNITED STATES v. TRAYLOR BROS., INC.

No. 11715.

245 F.2d 678 (1957)

UNITED STATES of America, for the Use and Benefit of John S. IRVINE, et al., Plaintiff-Appellee, v. TRAYLOR BROS., Inc., and Indemnity Insurance Company of North America, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 29, 1957.

Attorney(s) appearing for the Case

John E. Early, Evansville, Ind., Louis C. Chapleau, South Bend, Ind., for appellants.

Paul Moo, South Bend, Ind., Henry B. Walker, Jr., Henry B. Walker, William G. Greif, Evansville, Ind., for appellee.

Before DUFFY, Chief Judge, LINDLEY, Circuit Judge, and BRIGGLE, District Judge.

BRIGGLE, District Judge.

This is an appeal from a judgment rendered under the Miller Act (Sections 270a to 270d, Title 40, United States Code Annotated) in favor of the Use Plaintiffs and against Defendants, under Paragraph I of the Amended Complaint, of $23,763.91, and under Paragraph II of the Amended Complaint, of $1,024.83.

On or about June 10, 1953, the defendant, Traylor Bros., Inc. entered into a general contract with the United States for the construction...

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