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J. F. WHITE ENGINEERING CORPORATION v. UNITED STATES

Nos. 7031, 7032.

311 F.2d 410 (1962)

The J. F. WHITE ENGINEERING CORPORATION, and General Insurance Company of America, Appellants, v. UNITED STATES of America for the Use of PITTSBURGH PLATE GLASS COMPANY, Appellee. UNITED STATES of America for the Use of PITTSBURGH PLATE GLASS COMPANY, Cross-Appellant, v. The J. F. WHITE ENGINEERING CORPORATION, and General Insurance Company of America, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

December 22, 1962.

Attorney(s) appearing for the Case

Harold B. Wagner, Denver, Colo. (Raymond A. Wagner and Carl A. Wyers, Denver, Colo., on the brief), for appellants and cross-appellees.

William E. Kenworthy, Denver, Colo. (Fugate, Mitchem, McGinley & Hoffman, Denver, Colo., on the brief), for appellee and cross-appellant.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PICKETT, Circuit Judge.

This is a case under the Miller Act, 49 Stat. 793, (1935), 40 U.S.C.A. § 270a et seq., in which Pittsburgh Plate Glass Company, a subcontractor, seeks to recover a balance alleged to be due under its subcontract from the J. F. White Engineering Corporation and its bondsman. White was the prime contractor for the construction of two heating plant buildings at the United States Air Force Academy at Colorado Springs, Colorado. Pittsburgh...

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