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UNITED STATES v. BREGMAN CONSTRUCTION CORP.

No. 12262.

256 F.2d 851 (1958)

UNITED STATES of America for the use and benefit of FRANK A. TRUCCO AND SONS COMPANY, Plaintiff-Appellee, v. BREGMAN CONSTRUCTION CORP., and New Amsterdam Casualty Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

June 20, 1958.

Attorney(s) appearing for the Case

Cecil E. Magid, Chicago, Ill., Edmund A. Schroer, Hammond, Ind., Harry Okin, Chicago, Ill. (Weissenbach, Hartman, Craig, Okin & Magid, Chicago, Ill., Lawyer, Friedrich, Petrie & Tweedle, Hammond, Ind., of counsel), for appellant.

Walter C. Healy and Daniel M. Healy, Chicago, Ill. (Healy, Newby, Barrett & Healy, Chicago, Ill., and Galvin, Galvin & Leeney, Hammond, Ind., of counsel), for plaintiff-appellee.

Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.

HASTINGS, Circuit Judge.

An action was brought in the name of the United States of America, by use-plaintiff, Frank A. Trucco and Sons Company (Trucco), under the Miller Act, 40 U.S.C.A. §§ 270a-270d, against defendants, Bregman Construction Corp. (Bregman), as principal contractor, and its surety, New Amsterdam Casualty Company, for an alleged balance of $17,056.35 due from Bregman for materials furnished and work...

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