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UNITED STATES v. TAYLOR

No. 18800.

293 F.2d 717 (1961)

UNITED STATES of America, for the Use of DIXIE PLUMBING SUPPLY COMPANY, and A. E. Barnes, III, Appellants, v. James Curtis TAYLOR et al., d/b/a Taylor Construction Company et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1961.

Attorney(s) appearing for the Case

Denmark Groover, Jr., George C. Grant, T. Baldwin Martin, Macon, Ga., Ellsworth Hall, Jr., Bloch, Hall, Groover & Hawkins, Martin, Snow, Grant & Napier, Macon, Ga., of counsel, for appellants.

Wallace Miller, Jr., Miller, Miller & Miller, Macon, Ga., for appellees.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This litigation began as an action under the Miller Act.1 Taylor Construction Company2 was the prime contractor for the construction of certain facilities located on Robins Air Force Base, Houston County, Georgia. Taylor wished to subcontract a part of the job to B-S Plumbing and Heating Company,3 but B-S could not furnish a payment and performance bond. Dixie...

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