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UNITED STATES v. AL-CON DEVELOPMENT CORPORATION

No. 7920.

271 F.2d 901 (1959)

UNITED STATES, to the Use of David J. MUSTIN, John A. Mustin, and L. D. Mustin, Sr., Co-partners Doing Business as Mustin Brothers Plastering Company, Appellants, v. AL-CON DEVELOPMENT CORPORATION, a California corporation, Hartford Accident and Indemnity Company, a Connecticut corporation, and Great American Indemnity Company, a New York corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 13, 1959.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk, Va. (Louis B. Fine, and Fine, Fine, Legum, Weinberg & Schwan, Norfolk, Va., on brief), for appellants.

William Earle White, Jr., Richmond, Va. (Wm. Earle White, Petersburg, Va., Minor, Thompson & White, Richmond, Va., and White, Hamilton, Wyche & Shell, Petersburg, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

BOREMAN, Circuit Judge.

Appellants, plaintiffs, instituted a civil action under the Miller Act, 40 U.S.C.A. § 270a et seq., against Al-Con Development Corporation, a general contractor, and the bonding companies for Al-Con. Plaintiffs, in their amended complaint, in addition to claims for labor performed and materials furnished under their subcontracts, alleged damages of $60,043.39 due to delay by Al-Con in its performance under the main contract.

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