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T. F. SCHOLES, INC. v. UNITED STATES

No. 6650.

295 F.2d 366 (1961)

T. F. SCHOLES, INC., and the United States Fidelity and Guaranty Company, Appellants, v. UNITED STATES of America for the Use of H. W. MOORE EQUIPMENT COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

September 8, 1961.

Attorney(s) appearing for the Case

Clarke W. Karr, Denver, Colo. (John P. Thompson, Denver, Colo., on the brief), for appellants.

John S. Pfeiffer, Denver, Colo. (Louis G. Isaacson, Denver, Colo., and Isaacson, Rosenbaum, Goldberg & Miller, on the brief), for appellee.

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

BRATTON, Circuit Judge.

This was an action under the Miller Act, 49 Stat. 793, as amended, 40 U.S.C. § 270a et seq. The United States instituted the action for the use of H. W. Moore Equipment Company, hereinafter referred to as Moore, to recover from six prime contractors and the sureties on their respective payment bonds for rental, maintenance, repair, and transportation of a rock crushing unit which was used in connection...

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