UNITED STATES v. BROWNE ELECTRIC COMPANY

No. 606.

168 F.Supp. 806 (1959)

UNITED STATES of America, for the Use and Benefit of GENERAL ELECTRIC COMPANY, Plaintiff, v. BROWNE ELECTRIC COMPANY and Standard Accident Insurance Company, Defendants.

United States District Court E. D. Virginia, Newport News Division.

January 7, 1959.


Attorney(s) appearing for the Case

Vandeventer, Black & Meredith, Charles F. Tucker, Norfolk, Va., for plaintiff.

Willcox, Cooke, Savage & Lawrence, Thos. H. Willcox, Jr., Norfolk, Va., for defendants.


WALTER E. HOFFMAN, District Judge.

In this proceeding under the Miller Act, 40 U.S.C.A. §§ 270a-270d, the sole question for determination is the propriety of allowing counsel fees and costs to the defendant bonding company. Under the facts of this case the Court is of the opinion that the bonding company must pay these costs.

The payment bond in the sum of $3,460 was executed on June 25, 1957. The use plaintiff shipped materials to the prime contractor...

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