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AMERICAN AUTO INSURANCE CO. v. UNITED STATES

No. 5426.

269 F.2d 406 (1959)

AMERICAN AUTO INSURANCE CO., Defendant, Appellant, v. UNITED STATES of America, for the use and benefit of Alvah C. LUCE, d/b/a Northern Electric Service & Supply Co., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided July 24, 1959.

Attorney(s) appearing for the Case

John D. Leddy, Portland, Me., for appellant.

Sidney W. Thaxter, Portland, Me., with whom Royden A. Keddy, Portland, Me., was on the brief, for appellee.

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

MAGRUDER, Circuit Judge (Retired).

This is an appeal by the surety on a contractor's Miller Act payment bond from a judgment against it in favor of a subcontractor. Roslyn Construction Company, to which the United States had awarded contract No. NOy-88588 for construction of "Crash Facility and Utilities" at the Naval Air Station in Brunswick, Maine, during the years 1956 and 1957, subcontracted the required electrical work to the use plaintiff, Luce, who does business...

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