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DAVE v. DELIA PLASTERING COMPANY

No. 12891.

243 F.2d 732 (1957)

D. H. DAVE, Inc., Frank E. Freeman, Inc., Kane Associates, Inc., and Fidelity and Casualty Company of New York, Appellants, v. DELIA PLASTERING COMPANY, Ltd., Joe Delia, Sam Delia, and Charlie Delia, Appellees.

United States Court of Appeals Sixth Circuit.

April 30, 1957.

Attorney(s) appearing for the Case

James C. Davis, Cleveland, Ohio, Squire, Sanders & Dempsey, Cleveland, Ohio, on brief, for appellants.

E. M. Rose and John H. Brigleb, Cleveland, Ohio, for appellees.

Emanuel M. Rose and John H. Brigleb, Cleveland, Ohio, on brief, for appellee Delia Plastering Co., Ltd.

George Mayer, Cleveland, Ohio, on brief, for appellee Maryland Casualty Co.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.

PER CURIAM.

Appellees, plastering subcontractors, brought this action against appellants, the prime contractors on a government project, for breach of contract and under the Miller Act, 40 U.S.C.A. §§ 270a-270d, for materials and labor supplied. The district court awarded judgment to the appellees upon a finding that appellants had wrongfully prevented the appellees' performance of a subcontract and had failed to compensate appellees for extra work and materials...

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