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WOODS CONSTRUCTION CO. v. POOL CONSTRUCTION CO.

314 F.2d 405 (1963)

WOODS CONSTRUCTION COMPANY, Inc., a corporation, Appellant, v. POOL CONSTRUCTION COMPANY, a partnership, Appellee.

United States Court of Appeals Tenth Circuit.

January 31, 1963.

Attorney(s) appearing for the Case

R. L. Davidson, Jr., Tulsa, Okl. (James R. Jessup and Donald D. Cameron, Tulsa, Okl., were with him on the brief), for appellant.

Robert Wheeler, Tulsa, Okl. (John M. Wheeler and John Wheeler, Jr., Tulsa, Okl., were with him on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The action was commenced in the court below by appellee, Pool Construction Company, a partnership, against appellant, Woods Construction Company, Inc., its surety upon a performance and payment bond and Smith Road Construction Co., Inc., to establish an asserted claim under the Miller Act, 40 U.S.C. §§ 270a, 270b. The claim concerns payment for road materials allegedly furnished to the Smith...

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