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BUSH v. UNITED BENEFIT FIRE INSURANCE COMPANY

No. 19743.

311 F.2d 893 (1963)

David B. BUSH, Appellant, v. UNITED BENEFIT FIRE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 24, 1963.

Attorney(s) appearing for the Case

Richard T. Trexler, New Orleans, La., for appellant.

Margot Mazeau, Normann & Normann, New Orleans, La., for appellee.

Before RIVES, CAMERON and BELL, Circuit Judges.

RIVES, Circuit Judge.

The original complaint in this action was filed by the United States for the use of several laborers and materialmen against the Maryland Casualty Company as surety upon a contractor's payment bond under the Miller Act, 40 U.S.C.A. § 270a, et seq. Maryland filed a counterclaim in the nature of interpleader against David B. Bush, d/b/a Bush Tractor Company, and many others, praying that they be required to interplead their respective claims...

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