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NATIONAL SURETY CORPORATION v. UNITED STATES

No. 20603.

327 F.2d 254 (1964)

NATIONAL SURETY CORPORATION, Appellant, v. UNITED STATES of America for the Use and Benefit of OLMOS BUILDING MATERIALS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 21, 1964.

Attorney(s) appearing for the Case

Dayton G. Wiley, Green, Green & Wiley, San Antonio, Tex., for appellant.

William P. Dobbins, Dobbins & Howard, San Antonio, Tex., for appellee.

Before TUTTLE, Chief Judge, GEWIN, Circuit Judge, and BREWSTER, District Judge.

GEWIN, Circuit Judge:

The cause of the controversy in this suit is the allowance of attorneys' fees in a suit by the supplier of materials against the prime contractor and its surety.

The contract under consideration was primarily between Madden Company, Inc., as prime contractor, and the United States of America, which provided for the improvement and rehabilitation of certain properties at Kelly Air Force Base in...

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