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UNITED STATES v. PRAUGHT

No. 5476.

270 F.2d 235 (1959)

UNITED STATES of America, for the Use and Benefit of MUNROE-LANGSTROTH, INC., Plaintiff, Appellant, v. Joseph W. PRAUGHT, d/b/a J. W. Praught Company, et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided August 31, 1959.

Attorney(s) appearing for the Case

Edward C. Park, Boston, Mass., Brooks Whitehouse, Portland, Me., on the brief, for appellant.

Charles P. Burgess, Waltham, Mass., William B. Mahoney, Portland, Me., on the brief, for Joseph W. Praught, appellee.

John W. Blakeney, Boston, Mass., Blakeney & Blakeney, Boston, Mass., on the brief, for Travelers Indemnity Co. and Continental Cas. Co., appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Chief Judge.

This is an appeal from so much of a judgment entered in an action under the Miller Act, 49 Stat. 793, 40 U.S.C.A. §§ 270a-270d, as disallowed the use plaintiff's claim for the cost of constructing a cofferdam. There is no serious dispute over the basic facts which for present purposes can be stated in summary fashion as follows:

The defendant Praught entered into a contract with the United States acting by and through the Department...

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