UNITED STATES v. MERRITT-CHAPMAN & SCOTT CORPORATION

No. 13773.

305 F.2d 121 (1962)

The UNITED STATES of America, for the Use of "AUTOMATIC" SPRINKLER CORPORATION OF AMERICA, Plaintiff-Appellant, v. MERRITT-CHAPMAN & SCOTT CORPORATION, Fidelity and Deposit Company of Maryland, et al., Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided June 29, 1962.


Attorney(s) appearing for the Case

Joseph P. Brennan, Scranton, Pa. (Laurence E. Oliphant, Jr., of Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief), for plaintiff-appellant.

John W. Bour of O'Malley, Morgan, Bour & Gallagher, Scranton, Pa., James A. Gallagher of Manning, Hollinger & Shea, New York City, Charles H. Welles, 3rd, of Welles & Mackie, Scranton, Pa., for defendants-appellees.

Before STALEY, HASTIE and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

This appeal is from a judgment for the defendants, and from the denial of a motion for a new trial, in an action on a payment bond furnished pursuant to Section 1 of the Miller Act, 40 U.S.C.A. § 270a. The judgment is predicated solely on the determination that the "plaintiff * * * failed to prove its compliance with the Act." We are of the opinion that the trial court erred.

The United States of America entered into a...

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