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UNITED STATES v. NATIONAL SURETY CORPORATION

No. 17645.

268 F.2d 610 (1959)

UNITED STATES of America, for the use of LLEWELLYN MACHINERY CORPORATION, Appellant, v. NATIONAL SURETY CORPORATION et al., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 29, 1959.

Attorney(s) appearing for the Case

Edwin H. Underwood, Jr., Wakefield & Underwood, Thomas H. Wakefield, Robert G. Hewitt, Miami, Fla., for appellant, Llewellyn Machinery Corp.

Richard F. Ralph, Miami, Fla., William F. Davenport, Jr., St. Petersburg, Fla., Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., Harris, Wing & Davenport, St. Petersburg, Fla., of counsel, for appellee Union Trust Co.

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

TUTTLE, Circuit Judge.

The appellant here sued the defendant Surety Corporation under the Miller Act, 40 U.S.C.A. §§ 270a-270d. The Surety Corporation was surety of a prime contractor, Thomson Contracting Company which had contracted to build certain works in the Bahama Islands for the United States Government. The claim here in issue represented the value of certain construction equipment furnished by appellant under a rental agreement whereby the general...

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