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SOUTHERN INDUSTRIES, INC. v. UNITED STATES

No. 18466.

326 F.2d 221 (1964)

SOUTHERN INDUSTRIES, INC., a corporation, and United States Fidelity and Guaranty Company, a corporation, Appellants, v. UNITED STATES of America for the Use of JAMES BOND TRUCKING COMPANY, also known as James Bond Dump Truck Service, Appellees.

United States Court of Appeals Ninth Circuit.

January 6, 1964.

Attorney(s) appearing for the Case

W. Francis Wilson, Lutich, Hall, D'Angelo & Wilson, and Richard A. Wilson, Phoenix, Ariz., for appellants.

Minne & Sorenson, Cavness, DeRose & Senner, and Jack Cavness, Phoenix, Ariz., for appellees.

Before MADDEN, Judge of the Court of Claims, and HAMLEY and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Arizona, sitting without a jury, in which plaintiff-appellee recovered amounts allegedly due under a payment bond executed according to section 1 of the Miller Act, 49 Stat. 793 (1935), 40 U.S.C. § 270a (1958). Jurisdiction of the district court was invoked under section 2 (b) of that act, 49 Stat. 794 (1935), as amended, 40 U.S.C. § 270b (b)...

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