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UNITED STATES v. BRUCE CONSTRUCTION CORPORATION

No. 17689.

272 F.2d 62 (1959)

UNITED STATES of America, for use and benefit of CONSTRUCTION PRODUCTS CORP., Appellant and Cross-Appellee, v. BRUCE CONSTRUCTION CORPORATION et al., Appellees and Cross-Appellants. BRUCE CONSTRUCTION CORPORATION et al., Appellants and Cross-Appellees, v. UNITED STATES of America, for use and benefit of CONSTRUCTION PRODUCTS CORP., Appellee and Cross-Appellant.

United States Court of Appeals Fifth Circuit.

November 30, 1959.

Attorney(s) appearing for the Case

Marion E. Sibley, Thomas Barkdull, Jr., Sibley, Grusmark, Barkdull & King, Miami Beach, Fla., for appellant and cross-appellee.

Joseph F. Jennings, H. Reid DeJarnette, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for Bruce Const. Corp., et al., appellees cross-appellants.

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

JOHN R. BROWN, Circuit Judge.

In this Miller Act, 40 U.S.C.A. §§ 270a-270e, suit Construction Products Corp. (Construction), a subcontractor, and Bruce Construction Corporation (Bruce), the prime contractor, asserted claims and cross claims growing out of the building of the Veterans Administration Hospital at Lake City, Florida. Each appeals from a judgment entered after a nonjury trial allowing and denying in part their respective claims.

The case...

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