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McWATERS AND BARTLETT v. UNITED STATES

Nos. 6111, 6110.

272 F.2d 291 (1959)

McWATERS AND BARTLETT, a co-partnership consisting of Hugh B. McWaters and Sidney J. Bartlett; and General Casualty Company of America, a corporation, Appellants, v. UNITED STATES of America, for the use and benefit of Lewis H. WILSON, Appellee. AMERICAN SURETY COMPANY OF NEW YORK, a corporation, Appellant, v. McWATERS AND BARTLETT, a co-partnership consisting of Hugh B. McWaters and Sidney J. Bartlett; and General Casualty Company of America, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 10, 1959.

Attorney(s) appearing for the Case

Edward E. Murane, Casper, Wyo. (Murane, Bostwick & McDaniel, Casper, Wyo., were with him on the brief), for appellants and appellees, McWaters and Bartlett.

H. Gayle Weller, Denver, Colo., and Clarence A. Swainson, Cheyenne, Wyo. (W. Robert Ward, Denver, Colo., was with them on the brief), for appellant American Surety Co.

Louis A. Mankus, Cheyenne, Wyo. (J. Edward Amschel, Jackson, Wyo., was with him on the brief), for appellee United States for use and benefit of Lewis H. Wilson.

Before PHILLIPS, HUXMAN and PICKETT, Circuit Judges.

Rehearing Denied in No. 6110 December 10, 1959.

HUXMAN, Circuit Judge.

Both of these cases arise under 40 U. S.C.A. §§ 270a and 270b (the Miller Act). Because they arose out of the same general contract, they were consolidated for trial in the court below and on appeal in this court. The original complaint was filed by the United States for the use and benefit of Lewis H. Wilson against McWaters and Bartlett, a co-partnership, consisting of Hugh...

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