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UNITED STATES v. PAUL HARDEMAN, INC.

No. 19855.

320 F.2d 115 (1963)

UNITED STATES of America for the Use and Benefit of INDUSTRIAL INSTRUMENT CORPORATION, Appellant, v. PAUL HARDEMAN, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 12, 1963.

Attorney(s) appearing for the Case

Dave McNeill, Jr., Houston, Tex., Vinson, Elkins, Weems & Searls, Joe E. Edwards, Houston, Tex., of counsel, for appellant.

John B. Pope, Wagstaff, Harwell, Alvis & Pope, Abilene, Tex., Arnold M. Schwartz, Schwartz & Sandler, Los Angeles, Cal., for appellees Paul Hardeman, Inc., and Aetna Casualty & Surety Co.

James W. Wilson, Powell, Rauhut, McGinnis, Reavley & Lochridge, Austin, Tex., Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., of counsel, for appellee CompuDyne Corporation.

Before HUTCHESON and GEWIN, Circuit Judges, and CONNALLY, District Judge.

HUTCHESON, Circuit Judge.

After a lengthy hearing in this cause, a Miller Act suit, in which the Use-plaintiff, Industrial Instrument Corp. (IIC), a supplier of equipment under Atlas Missile contracts, brought suit against the general contractor, Paul Hardeman, Inc., its surety on the Miller Act payment bond, and the sub-contractor with whom IIC had a direct contractual relationship, this cause came on to be heard on the motions for summary judgment of the Use-plaintiff...

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