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HOEPPNER CONSTRUCTION CO. v. UNITED STATES

No. 6124.

273 F.2d 835 (1960)

HOEPPNER CONSTRUCTION CO., Inc., a Texas corporation, and Houston Fire and Casualty Insurance Company, a Texas corporation, Appellants, v. UNITED STATES of America for the use of TRAUTMAN & SHREVE, INC., a Colorado corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 1, 1960.

Attorney(s) appearing for the Case

Lowell White, Denver, Colo. (Walter A. Steele, Denver, Colo., was with him on the brief), for appellants.

Thomas J. Carney, Golden, Colo. (Bradley, Carney & Johnson, Golden, Colo., were with him on the brief), for appellees.

Before MURRAH, Chief Judge, and PHILLIPS and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action brought under the Miller Act (40 U.S.C.A. § 270 et seq., as amended) by the United States of America for the use of Trautman & Shreve, Inc.1 against Hoeppner Construction Co., Inc.2 and Houston Fire and Casualty Insurance Company.3

In 1954, the United States Government entered...

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