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UNITED STATES v. CONTINENTAL CASUALTY COMPANY

No. 8504.

303 F.2d 91 (1962)

UNITED STATES of America for the Use of WESTON & BROOKER COMPANY, a Corporation, Appellee, v. CONTINENTAL CASUALTY COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 8, 1962.

Attorney(s) appearing for the Case

Joseph R. Young, Charleston, S. C. (Hagood, Rivers & Young, Charleston, S. C., on the brief), for appellant.

George L. Dial, Jr., Columbia, S. C. (R. B. Herbert, Jr., and Herbert & Dial, Columbia, S. C., on the brief), for appellee.

Before BOREMAN, BRYAN, and BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

This is an appeal from the District Court's Order, striking the defendant's Answer and awarding judgment to the plaintiff in accordance with the prayer of the Complainant. Plaintiff brings suit under 40 U.S.C.A. § 270b upon a payment bond given by the defendant, Continental Casualty Company, as surety and its principal in connection with construction work done on the Polaris Missile Assembly at Liberty Hall, South Carolina.

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