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UNITED STATES v. REITEN

No. 17440.

313 F.2d 673 (1963)

UNITED STATES of America for the Use of C. W. ATKINS, d/b/a Atkins Welding Shop, Appellant, v. B. H. REITEN and Leonard Stewart, Partners, d/b/a Reiten & Stewart Construction Company, and Continental Casualty Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

January 28, 1963.

Attorney(s) appearing for the Case

Bell, Sanders & Tallman, and James K. Tallman, Anchorage, Alaska, for appellant.

John E. Manders, Anchorage, Alaska, for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

BROWNING, Circuit Judge.

Before a contract for the construction of a public work of the United States is awarded, the contractor must furnish a payment bond with surety "for the protection of all persons supplying * * * material in the prosecution of the work." 40 U.S.C.A. § 270a(a)(2) (Section 1(a) (2) of the Miller Act). And "Every person who has furnished * * * material in the prosecution of the work * * * and who has not been paid in full therefor before...

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