UNITED STATES v. SOUTHERN CONSTRUCTION COMPANY

No. 14239.

293 F.2d 493 (1961)

UNITED STATES of America for the Use and Benefit of Samuel J. PICKARD, d/b/a Pickard Engineering Company v. SOUTHERN CONSTRUCTION COMPANY, Inc., and Continental Casualty Company.

United States Court of Appeals Sixth Circuit.

August 3, 1961.


Attorney(s) appearing for the Case

Edward Gallagher, Washington, D. C. (Gracey, Buck, Maddin & Cowan, Nashville, Tenn., by John K. Maddin, Jr., Nashville, Tenn., on the brief), for appellant.

William J. Harbison, Nashville, Tenn. (Trabue, Minick, Sturdivant & Harbison, Nashville, Tenn., Hull, Willingham, Towill & Norman, Augusta, Ga., Harry S. McCowen, Atlanta, Ga., on the brief), for appellees.

Before MILLER, Chief Judge, CECIL, Circuit Judge, and BOYD, District Judge.


SHACKELFORD MILLER, Jr., Chief Judge.

This action was filed under the provisions of the Miller Act, Section 270b, Title 40 United States Code Annotated, in the name of the United States of America for the use of Samuel J. Pickard doing business as Pickard Engineering Company, against the appellees, Southern Construction Company, Inc., hereinafter called Southern, and Continental Casualty Company, surety on its performance bond, to recover on a construction contract...

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