UNITED STATES v. PEERLESS CASUALTY COMPANY

No. 15852.

255 F.2d 137 (1958)

UNITED STATES of America, for the Use and Benefit of HOPPER BROS. QUARRIES, a partnership, Appellant, v. PEERLESS CASUALTY COMPANY, a Corporation, and Bill Curphy Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 21, 1958.


Attorney(s) appearing for the Case

Herman Ginsburg, Lincoln, Neb. (Hymen Rosenberg, Joseph Ginsburg, Lincoln, Neb., and Elmer F. Witte, Pawnee City, Neb., on the brief), for appellant.

John H. Neiman of Neiman, Neiman & Stone, Des Moines, Iowa (Robert A. Barlow of Healey, Davis, Wilson & Barlow, Lincoln, Neb., on the brief), for appellees.

Before SANBORN, WOODROUGH, and VOGEL, Circuit Judges.


WOODROUGH, Circuit Judge.

This action was brought under the Miller Act, 40 U.S.C.A. § 270a(a) (1, 2) and 270b(a), against the prime contractor for surfacing levees in the Omaha Levee System, and its payment bondsman to recover $10,000.02 due and owing the use plaintiff (referred to as plaintiff) on account of 6,014.2 tons of crushed rock supplied by it to the subcontractor, Leonard M. McDonald, d/b/a Omaha Rock and Excavating Company, and used on the work. The...

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