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ADLER v. UNITED STATES

No. 16171.

270 F.2d 715 (1959)

Harold ADLER and Vera Adler, d/b/a Adler Construction Company, and Continental Casualty Company, Appellants, v. UNITED STATES of America, for the Use and Benefit of the General Tire & Rubber Company, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

October 14, 1959.

Attorney(s) appearing for the Case

Joseph M. Butler, Rapid City, S. D. (Bangs, McCullen & Butler, Rapid City, S. D., were with him on the brief), for appellants.

Harold R. Hanley, Rapid City, S. D. (Hanley, Costello & Porter, Rapid City, S. D., were with him on the brief), for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

This action, based on Title 40 U.S.C.A. §§ 270a-270d, known as the Miller Act, was brought by the United States of America for the use and benefit of the General Tire & Rubber Company, a corporation, appellee herein (sometimes referred to as "plaintiff"), against appellants here, Harold Adler and Vera Adler, d/b/a Adler Construction Company, and Continental Casualty Company, surety on the payment bond furnished by the Adlers....

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