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UNITED STATES v. F. A. BAEHNER, INC.

No. 186, Docket 28248.

326 F.2d 556 (1964)

The UNITED STATES of America for the Use and Benefit of CHARLES R. JOYCE & SON, INC., Plaintiff-Appellee, v. F. A. BAEHNER, INC., Defendant, and Hambly Construction Company, Inc., and National Surety Corporation, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided January 14, 1964.

Attorney(s) appearing for the Case

Leslie F. Couch, Albany, N. Y. (Newkirk & DiFabio, Albany, N. Y., on the brief), for use-plaintiff-appellee.

Jacob M. Frankel, Schenectady, N. Y. (Tillott & LaFleche, Schenectady, N. Y., on the brief), for defendants-appellants.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

MEDINA, Circuit Judge:

This is the second time this case has been before us. On October 23, 1962 we dismissed the first appeal because the summary judgment was only partial and there was a further undetermined claim for $1,715. United States for the Use and Benefit of Charles R. Joyce & Son, Inc. v. F. A. Baehner, Inc., 2 Cir., 1962, 309 F.2d 154. The action is by the United States for the use of Charles R. Joyce & Son, Inc...

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