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HOEPPNER CONSTRUCTION COMPANY v. UNITED STATES

No. 6312.

287 F.2d 108 (1960)

HOEPPNER CONSTRUCTION COMPANY, Inc.; and Houston Fire and Casualty Insurance Company, a Texas corporation, Appellants, v. UNITED STATES of America, for the use of E. L. MANGUM and A. E. Estes, Jr., doing business as United Painters & Decorators, a co-partnership, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 30, 1961.

Attorney(s) appearing for the Case

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

Ira C. Rothgerber, Jr., Denver, Colo., and William E. Shade, Denver, Colo. (Rothgerber, Appel & Powers, Denver, Colo., were with them on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This case arose under the Miller Act, 40 U.S.C.A. § 270a et seq. The United States awarded to Hoeppner Construction Company, hereinafter referred to as the prime contractor, a contract for the rehabilitation of thirty-five barracks at Lowry Air Force Base, located at Denver, Colorado; and Houston Fire & Casualty Company executed as surety the required payment bond. The prime contractor awarded...

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