KOEHRING COMPANY v. UNITED STATES

No. 6878.

303 F.2d 468 (1962)

KOEHRING COMPANY, a corporation; and Hartford Accident and Indemnity Company, a corporation, Appellants, v. UNITED STATES of America, for the Use of HOOVER EQUIPMENT COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 17, 1962.


Attorney(s) appearing for the Case

John W. Sublett, of the firm of Kothe, Hall, Jones & Sublett, Tulsa, Okl., for appellants.

Harvey L. Harmon, of the firm of Franklin & Harmon, Oklahoma City, Okl., for appellee.

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


PICKETT, Circuit Judge.

This Miller Act (49 Stat. 793, 40 U.S. C.A. § 270a et seq.) case was brought to recover the amount due for the use of equipment by a subcontractor, Central Asphalt Paving Company, on a construction and improvement project at Tinker Air Force Base in Oklahoma. The parties agree that the subcontractor used machinery rented from the use-plaintiff, Hoover Equipment Company, on this job, and that the proper charge for its use was $4144.26....

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