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CONTINENTAL CASUALTY COMPANY v. UNITED STATES

No. 19269.

308 F.2d 846 (1962)

CONTINENTAL CASUALTY COMPANY, Appellant, v. The UNITED STATES of America, for the Use and Benefit of CONROE CREOSOTING COMPANY, a Corporation, and Conroe Creosoting Company, a Corporation, Individually, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 8, 1962.

Attorney(s) appearing for the Case

W. B. Handley, Dallas, John O. MacAyeal, Francis C. Broaddus, Jr., and Mayfield, Broaddus, Goodman & MacAyeal, El Paso, Tex., for appellant.

Robert S. Pine, James E. Hammond, Harold L. Sims, and Collins, Langford & Pine, El Paso, Tex., for appellee Conroe Creosoting Co.

Before CAMERON and JONES, Circuit Judges, and DeVANE, District Judge.

DeVANE, District Judge.

This action is the outgrowth of a contract between the Government and Hal Hayes Texas, Inc., dated April 19, 1959, for the construction of a 410 unit Capehart Housing Project at Fort Bliss, Texas. Hal Hayes Texas, Inc., and Continental Casualty Company executed performance and payment bonds on the project.

On May 7, 1959, Hal Hayes Texas, Inc., notified the Government through its Resident Engineer on the project that among others Mojave...

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