UNITED STATES v. HARRISON AND GRIMSHAW CONSTRUCTION CO.

No. 6916.

305 F.2d 363 (1962)

UNITED STATES of America, for the Use and Benefit of MILES LUMBER COMPANY, a corporation, and Miles Lumber Company, a corporation, in its Individual Capacity, Appellants, v. HARRISON AND GRIMSHAW CONSTRUCTION COMPANY, a partnership or joint venture, consisting of the following individuals, partnerships, and corporations: Floyd Alfred Harrison, an individual; Joe Bob Harrison, an individual; Five Star Homes, Inc., an Oklahoma corporation; Lake View Developers, Inc., an Oklahoma corporation; Lorayne, Inc., an Oklahoma corporation; Harrison Builders Supply Company, an Oklahoma corporation; Merit Realty Company, an Oklahoma corporation; Premium Realty Company, an Oklahoma corporation; Floyd A. Harrison Realty Company, Inc., an Oklahoma corporation; Country Club Developers, Inc., an Oklahoma corporation; W. R. Grimshaw Company, an Oklahoma corporation; and W. R. Grimshaw Company, a partnership consisting of William Ray Grimshaw, William Ray Grimshaw, Jr., and Harry Douglas Grimshaw; Hardy Plywood and Door, Inc., a corporation; Texoma Distributors, Inc., a corporation; Marshall Wholesale Lumber Company, Inc., a corporation; Carl Morris, an individual doing business as Carl Morris Construction Company; Standard Accident Insurance Company, a corporation; National Surety Corporation, a corporation; Aetna Casualty & Surety Company, a corporation; New Amsterdam Casualty Company, a corporation; The Travelers Indemnity Company, a corporation; Paul W. Anderson; Nathan A. Burkham; W. G. (Bud) Killion; Marjorie Anderson; Florine Burkham; Betty Ann Killion; and Daniel E. Hardy, Appellees.

United States Court of Appeals Tenth Circuit.

June 15, 1962.


Attorney(s) appearing for the Case

Robert B. Langworthy, Kansas City, Mo. (Billy S. Sparks, Kansas City, Mo., Weary, Weary & Sangster, Junction City, Kan., and Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, Mo., were with him on the brief), for appellants.

Remington Rogers, Tulsa, Okl., and F. Philip Kirwan, Kansas City, Mo. (Rogers & Litchfield, Tulsa, Okl., Cantrell, Douglass, Thompson & Wilson, Oklahoma City, Okl., and Margolin & Kirwan, Kansas City, Mo., were with them on the brief), for appellees Harrison & Grimshaw Construction Company, Standard Accident Insurance Company, National Surety Corporation, Aetna Casualty & Surety Company, New Amsterdam Casualty Company, and The Travelers Indemnity Company.

Paul W. Anderson, Marshall, Tex., William Hergenreter, and Garlinghouse, Shaw & Hergenreter, Topeka, Kan., submitted a brief on behalf of appellees Paul W. Anderson and Marjorie Anderson.

No appearance for any other appellee.

Before PICKETT, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The issue is whether the provisions of the Miller Act, 40 U.S.C.A. §§ 270a and 270b, relating to bonds furnished to the United States by contractors engaged in the construction of federal public works, apply to a suit brought on a bond furnished by a contractor in connection with a military housing project under the Capehart Act.1 If the Miller Act controls...

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