UNITED STATES v. FIRE ASSOCIATION OF PHILADELPHIA

No. 14, Docket 25025.

260 F.2d 541 (1958)

UNITED STATES of America for the USE AND BENEFIT OF J. P. BYRNE & CO., Inc., Plaintiff-Appellee, v. FIRE ASSOCIATION OF PHILADELPHIA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 31, 1958.


Attorney(s) appearing for the Case

Mark N. Turner, of Brown, Kelly, Turner & Symons, Buffalo, N. Y. (Richard Marlink, Philadelphia, Pa., Raymond C. Vaughan and Thomas J. Kelly, Buffalo, N. Y., on the brief), for defendant-appellant.

John J. Costello, of Byrne & Costello, Syracuse, N. Y., for plaintiff-appellee.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.


CLARK, Chief Judge.

Fire Association of Philadelphia appeals from a judgment in favor of the use plaintiff, J. P. Byrne & Co., Inc., for $16,372.25 for tires sold by Byrne to Dutcher Construction Corporation, a codefendant below, between February 26, 1956, and April 11, 1956. Appellant is surety upon a payment bond filed by Dutcher, a prime contractor with the United States, in compliance with the Miller Act, 40 U.S.C...

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