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ELMER v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 18086.

275 F.2d 89 (1960)

E. E. ELMER, d/b/a Mississippi Testing Laboratories, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 29, 1960.

Attorney(s) appearing for the Case

Charles Clark, Vardaman S. Dunn, Robert C. Cannada, Jackson, Miss., Rowland W. Heidelberg, Hattiesburg, Miss., Roger C. Landrum, Columbus, Miss., for appellant, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., Heidelberg & Sutherland, Hattiesburg, Miss., Wells, Thomas & Wells, Jackson, Miss., of counsel.

J. A. Covington, Jr., E. L. Snow, Roger B. Shows, Meridian, Miss., for appellee, Snow, Covington & Shows, Meridian, Miss., of counsel.

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

JONES, Circuit Judge.

We have reviewed a judgment for the defendant in a suit on a contractor's bond given pursuant to the requirements of the Miller Act.1 Tyler-Hyde Construction Company contracted with the United States for grading, asphalt paving, and concrete paving, at the Key Field Airport in Meridian, Mississippi. The appellee, United States Fidelity & Guaranty Company, was surety on the Miller Act bond. Tyler-Hyde sublet the...

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