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BOSWELL v. CHAPEL

No. 6775.

298 F.2d 502 (1961)

David E. BOSWELL, an individual, d/b/a Boswell Construction Company, and United Pacific Insurance Company, Appellants, v. G. F. CHAPEL, Appellee.

United States Court of Appeals Tenth Circuit.

December 19, 1961.

Attorney(s) appearing for the Case

John J. Duhigg, Albuquerque, N. M. (Sheehan, Duhigg & Christensen, Albuquerque, N. M., on the brief), for appellants.

David R. Gallagher, Albuquerque, N. M. (McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, N. M., on the brief), for appellee.

Before LEWIS and BREITENSTEIN, Circuit Judges, and CHRISTENSON, District Judge.

CHRISTENSON, District Judge.

In this Miller Act1 case the sole question is the interpretation of a subcontract which the prime contractor, David E. Boswell, asserts obligated the subcontractor, G. F. Chapel, to pay for "protective services" furnished by the Atchison, Topeka, and Santa Fe Railway Company. The appellant Boswell2 and the appellee Chapel hereinafter will be referred to by their surnames, and the...

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