YOUNG v. UNITED STATES

No. 20303.

327 F.2d 933 (1964)

Joe YOUNG, d/b/a J. Young Construction Company, and United States Fidelity and Guaranty Company, Inc., Appellants, v. UNITED STATES of America, for the Use of J. E. BROWN and Boyce Brown, Partners, d/b/a J. E. Brown Construction Company, Appellees.

United States Court of Appeals Fifth Circuit.

February 7, 1964.


Attorney(s) appearing for the Case

Robert E. Varner, Jones, Murray & Stewart, Montgomery, Ala., for appellants.

Robert C. Dillon, J. L. Klinefelter, Burnham, Klinefelter & Dillon, Anniston, Ala., for appellees.

Before RIVES, WISDOM and GEWIN, Circuit Judges.


GEWIN, Circuit Judge.

This is an appeal by the prime contractor and his surety from a judgment upon a jury verdict in favor of the United States for the use of J. E. Brown and Boyce Brown d/b/a J. E. Brown Construction Company, the subcontractor. Appellee filed two separate suits to recover on two separate but similar subcontracts wherein appellee was to do the excavating, the laying of storm drainage pipe and other related work on two Government projects at Eufaula...

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