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ELECTRONIC & MISSILE FACILITIES, INC. v. UNITED STATES

No. 19351.

306 F.2d 554 (1962)

ELECTRONIC & MISSILE FACILITIES, INC. (formerly Five Boro Construction Corporation) and Continental Casualty Company, Appellants, v. UNITED STATES of America for the Use of H. W. MOSELEY d/b/a Moseley Plumbing and Heating Company, Appellee.

United States Court of Appeals Fifth Circuit.

July 11, 1962.

Attorney(s) appearing for the Case

Newell Edenfield, William H. Major, Buchanan, Edenfield & Sizemore, Atlanta, Ga., for appellants.

George C. Grant, T. Baldwin Martin, Macon, Ga., Martin, Snow, Grant & Napier, Macon, Ga., of counsel, for appellee.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

TUTTLE, Chief Judge.

The appellant, Electronic & Missile Facilities, Inc., was prime contractor with the United States Government for the construction of Nike Hercules Facilities at Robins Air Force Base and Turner Air Force Base within the Middle District of Georgia. The appellee, Moseley, was a subcontractor on both projects, and was primarily responsible for the plumbing, heating and air conditioning work. This suit was instituted in the District Court for...

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