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OLSON CONSTRUCTION COMPANY v. UNITED STATES

No. 7368.

332 F.2d 981 (1964)

OLSON CONSTRUCTION COMPANY, a corporation, and United States Fidelity & Guaranty Company, a corporation, Appellants, v. The UNITED STATES of America for the Use of COOPER SUPPLY COMPANY, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 11, 1964.

Attorney(s) appearing for the Case

Stanley E. Wisdom, Wichita, Kan. (Jochems, Sargent & Blaes, Wichita, Kan., and Woods, Aitken & Aitken and Richard L. Spangler, Jr., Lincoln, Neb., with him on the brief), for appellants.

John Robert Seelye, Tulsa, Okl. (Norman Maben, Tulsa, Okl., with him on the brief), for appellee Cooper Supply Co.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action brought under the Miller Act, 40 U.S.C.A. § 270a, by a supplier for recovery of a balance due for materials delivered to a subcontractor. The suit is brought against the subcontractor, the prime contractor, Olson Construction Company, and its surety, United States Fidelity & Guaranty Company. The subcontractor, Chickasha Plumbing & Heating Company, was not itself bonded for the job in question which was the construction...

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