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UNITED STATES v. TAYLOR

No. 20516.

333 F.2d 633 (1964)

UNITED STATES of America, Appellant, v. R. H. TAYLOR et al., Appellees.

United States Court of Appeals Fifth Circuit.

Adhered to on Rehearing September 14, 1964.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., E. R. Holmes, Jr., Asst. U. S. Atty., Jackson, Miss., Alan S. Rosenthal, Stephen B. Swartz, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for appellant.

Vardeman S. Dunn, Jackson, Miss., Bruce C. Aultman, Hattiesburg, Miss., William H. Cox, Jr., Jackson, Miss., Simrall, Aultman & Pope, Hattiesburg, Miss., Cox, Dunn & Clark, Jackson, Miss., of counsel, for appellees.

Before HUTCHESON and GEWIN, Circuit Judges, and HOOPER, District Judge.

Adhered to on Rehearing September 14, 1964. See 336 F.2d 149.

HUTCHESON, Circuit Judge.

The United States as assignee of its contractor's claims and demands against a subcontractor for contractual overpayments instituted this action for recovery on those claims.1 An order granting appellee-subcontractor's motion for summary judgment was entered, and the United States appeals that order. The order...

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