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MISSOURI-ILLINOIS TRACTOR & EQUIPMENT CO. v. D & L CONST. CO.

No. 17632.

337 F.2d 507 (1964)

MISSOURI-ILLINOIS TRACTOR & EQUIPMENT CO., Inc., Appellant, v. D & L CONSTRUCTION COMPANY & ASSOCIATES and Continental Casualty Company, Appellees.

United States Court of Appeals Eighth Circuit.

October 22, 1964.

Attorney(s) appearing for the Case

R. Richard Straub, of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., made argument for appellant and filed brief.

John A. Biersmith, of Rafter, Biersmith, Miller & Walsh, Kansas City, Mo., made argument for appellee and filed brief.

Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.

BLACKMUN, Circuit Judge.

Is a Capehart payment bond suit brought by a subcontractor's supplier controlled by the limitation period set forth in § 2(b) of the Miller Act, 40 U.S.C. § 270b(b) ("[B]ut no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied" by the plaintiff), or, instead, by the period the bond itself specifies ("No suit or action shall be commenced...

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