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ARTHUR N. OLIVE CO. v. UNITED STATES

No. 5881.

297 F.2d 70 (1961)

ARTHUR N. OLIVE CO., Inc., et al., Defendants, Appellants, v. UNITED STATES of America, for the use and benefit of Dan C. MARINO, etc., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided December 8, 1961.

On Rehearing January 16, 1962.

Attorney(s) appearing for the Case

Charles E. Gennert, Boston, Mass., with whom Herbert L. Crimlisk and Withington, Cross, Park & McCann, Boston, Mass., were on brief, for appellants.

Philip D. Epstein, Boston, Mass., for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment following a jury verdict in the United States District Court for the District of Massachusetts for the use plaintiff, Dan C. Marino (hereinafter called Marino), in an action to recover on a payment bond filed under the Miller Act. 49 Stat. 793, 40 U.S.C.A. § 270a et seq. Marino, a resident of Massachusetts, is engaged in the contracting business.

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