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NEW AMSTERDAM CASUALTY COMPANY v. UNITED STATES

No. 17932.

272 F.2d 754 (1959)

NEW AMSTERDAM CASUALTY COMPANY and Continental Casualty Company, Appellants, v. UNITED STATES of America, for the Use of CARPENTER PLUMBING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1959.

Attorney(s) appearing for the Case

Robert E. Hicks, Atlanta, Ga., William J. Schloth, Columbus, Ga., for appellants.

Albert W. Stubbs, Columbus, Ga., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.

RIVES, Chief Judge.

This case is submitted on the appellee's motion to dismiss the appeal and to adjudge damages for delay.

The action was instituted under the Miller Act1 by Carpenter Plumbing Company, a subcontractor, against Ivey Brothers Construction Company, Inc., the prime contractor, and the two appellants, sureties on its payment bond furnished to the United States for the protection of all persons supplying labor and material...

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