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UNITED STATES v. FIVE BORO CONSTRUCTION CORPORATION

No. 8682.

310 F.2d 701 (1962)

The UNITED STATES of America, for the Use of KOPPERS COMPANY, Inc., a Delaware Corporation, Appellee, v. FIVE BORO CONSTRUCTION CORPORATION and Continental Casualty Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 30, 1962.

Attorney(s) appearing for the Case

D. A. Brockinton, Jr., Charleston, S. C. (Brockinton & Brockinton, Charleston, S. C., and A. J. Siminerio, New York City, on brief), for appellants.

Henry B. Smythe, Charleston, S. C. (Buist, Buist, Smythe & Smythe, Charleston, S. C., on brief), for appellee.

Before HAYNSWORTH and BELL, Circuit Judges, and HUTCHESON, District Judge.

HUTCHESON, District Judge.

This action was brought in the United States District Court for the Eastern District of South Carolina under the Miller Act to recover an unpaid balance for certain materials purchased and delivered in the prosecution of a public work of the United States Navy. The appellant, Five Boro Construction Corporation, hereafter called Five Boro, was the prime contractor for the construction of the Polaris...

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