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PAGE v. BAILEY

No. 18653.

290 F.2d 483 (1961)

Holland PAGE and Continental Casualty Company, Appellants, v. H. T. BAILEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 7, 1961.

Attorney(s) appearing for the Case

David L. Tisinger, Austin, Tex., J. R. Sorrell, Corpus Christi, Tex., for appellants.

Paul W. Nye, Hubert L. Stone, Jr., and Nye, Cohn & Morris, Corpus Christi, Tex., Butler, Williams & Stone, Robstown, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and JONES, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal from a judgment by the trial court, sitting without a jury, in which the appellee, Bailey, obtained a judgment against Page and Page's bonding company on a government contract under the Miller Act, 40 U.S.C.A. § 270a et seq.

Although the facts are somewhat complicated, our disposition of the case makes possible a short statement of those essential to our decision.

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