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NOLAN BROS., INC. v. UNITED STATES

No. 6004.

266 F.2d 143 (1959)

NOLAN BROS., INC., a corporation, and The Travelers Indemnity Company, a corporation, Appellants, v. UNITED STATES of America for the use of FOX BROTHERS CONSTRUCTION COMPANY, a co-partnership composed of Fred F. Fox and W. L. Fox; and Burch and Canada Construction Company, a co-partnership composed of T. O. Burch and Ham Canada, doing business as a joint venture under the name of Altus Construction Co., Appellees.

United States Court of Appeals Tenth Circuit.

March 18, 1959.

Attorney(s) appearing for the Case

Richard W. Fowler, Oklahoma City, Okl. (Joseph G. Rucks and Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Oklahoma City, Okl., were with him on the brief), for appellants.

Coleman Hayes, Oklahoma City, Okl. (Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl., was with him on the brief), for appellees.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

Brought within the framework of the Miller Act, 40 U.S.C.A. § 270a et seq., the United States instituted this action for the use and benefit of Fred F. Fox, W. L. Fox, T. O. Burch, and Ham Canada, doing business as a joint venture under the name of Altus Construction Co., hereinafter referred to as Altus, against Nolan Bros., Inc., a corporation organized under the laws of Minnesota, hereinafter referred to as Nolan, and The Travelers Indemnity...

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