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HUMPHREYS & HARDING, INC. v. DISTRICT OF COLUMBIA

No. 16230.

293 F.2d 150 (1961)

HUMPHREYS & HARDING, INC. and Fidelity and Deposit Company of Maryland, Appellants v. DISTRICT OF COLUMBIA, for the use of The JOSLYN COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 1, 1961.

Petition for Rehearing Denied June 30, 1961.

Attorney(s) appearing for the Case

Mr. John L. Kilcullen, Washington, D. C., for appellants.

Mr. Thomas H. McGrail, Washington, D. C., with whom Messrs. Bernard J. Gallagher and J. Roy Thompson, Jr., Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

Appellants, a contractor and its surety, entered into a payment bond running to the District of Columbia on a bridge construction contract. The contractor placed a verbal purchase order with the L & S Lumber Company, Inc. The latter in turn procured the appellee to treat oak pilings with creosote as called for by the specifications in the contract. The contractor paid L & S, but the latter failed to pay a certain balance due the appellee...

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