LASLEY v. UNITED STATES

No. 18544.

285 F.2d 98 (1960)

Morris W. LASLEY, doing business as Lasley Construction Company, et al., Appellants, v. UNITED STATES of America, for the Use of C. C. WESTERMAN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 31, 1961.


Attorney(s) appearing for the Case

Frank H. Hunter, El Paso, Tex., Edwards, Belk, Hunter & Kerr, El Paso, Tex., for appellants.

William C. Collins, Collins, Langford & Pine, El Paso, Tex., for appellee.

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


TUTTLE, Chief Judge.

Appellee instituted this action under the provisions of the Miller Act, 40 U.S. C.A. §§ 270a-270d. His petition alleged that certain sums were due him as a subcontractor on a Capehart Housing Project located at Fort Bliss, Texas.

Appellants, defendants below, moved the district court to dismiss the suit on the ground that the court was without jurisdiction to hear the case. The court held that jurisdiction was conferred upon...

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