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UNITED STATES OF AMERICA, CHARLES R. JOYCE & SON, INC. v. F. A. BAEHNER, INC.

No. 87, Docket 27632.

309 F.2d 154 (1962)

The UNITED STATES of America for the Use and Benefit of CHARLES R. JOYCE & SON, INC., Plaintiff-Appellee, v. F. A. BAEHNER, INC., Defendant, and Hambly Construction Company, Inc. and National Surety Corporation, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 23, 1962.

Attorney(s) appearing for the Case

Tillott & LaFleche, Schenectady, N. Y. (Jacob M. Frankel, Schenectady, N. Y., of counsel), for defendants-appellants.

Newkirk & DiFabio, Albany, N. Y. (Leslie F. Couch, Albany, N. Y., of counsel), for plaintiff-appellee.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

Hambly Construction Company. Inc., a defendant below, was a prime contractor on a United States government construction project, and the National Surety Corporation was surety that the contractor would perform the work properly and would pay the bills required to be paid, including those payable under the Miller Act, 40 U.S.C. § 270b.

The use-plaintiff below, Charles R. Joyce & Son, Inc., furnished...

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