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CHARLES R. SHEPHERD, INC. v. UNITED STATES

No. 18634.

292 F.2d 146 (1961)

CHARLES R. SHEPHERD, INC., and United States Casualty Company, Appellants, v. UNITED STATES of America for the Use and Benefit of SULLIVAN, LONG & HAGERTY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

June 23, 1961.

Attorney(s) appearing for the Case

William E. Johnston, Dan T. McCall, Jr., Johnston & Johnston, Mobile, Ala., for appellants.

J. Edward Thornton, by Thornton & McGowin, Mobile, Ala., for appellee.

Before RIVES, CAMERON and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

This is an action on a Miller Act1 bond by a subcontractor (Long) against a general contractor (Shepherd) and his surety. Long's subcontract provided for payment in ten installments, each payment to be made "within five days after receipt by Shepherd from the contracting officer of payment for the work performed by Long." As work under the subcontract progressed, the dates...

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