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HANNA PAINT MFG. CO. v. RODEY, DICKASON, SLOAN, AKIN & ROBB

No. 6820.

298 F.2d 371 (1962)

HANNA PAINT MANUFACTURING COMPANY, d/b/a Hanna Paint Mfg. Co. of Texas, as Intervener, Appellant, v. RODEY, DICKASON, SLOAN, AKIN & ROBB, Appellees.

United States Court of Appeals Tenth Circuit.

January 12, 1962.

Attorney(s) appearing for the Case

Laurence D. Hillyer, Jr., Albuquerque, N. M., for appellant.

William A. Sloan, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb and John P. Eastham, Albuquerque, N. M., on the brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

The original action, a Miller Act case, was here before upon its merits and affirmed.1 A part of the history of the litigation is recorded in that opinion, but some additional facts concerning this phase of the case are necessary for the disposition of our questions.

The litigation was commenced in 1957, sometime after appellees were employed as counsel for the original plaintiffs. After issue, the case was...

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