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UNITED STATES v. SMITH ENGINEERING AND CONSTRUCTION CO.

Civ. A. No. 1223.

240 F.Supp. 189 (1965)

UNITED STATES of America, to the Use of HENDRY CORPORATION, Plaintiff, v. SMITH ENGINEERING AND CONSTRUCTION COMPANY, a Florida corporation, and United States Fidelity & Guaranty Corporation of Maryland, Defendants.

United States District Court N. D. Florida, Pensacola Division.

April 7, 1965.

Attorney(s) appearing for the Case

M. William Graybill, Macfarlane, Ferguson, Allison & Kelly, and Stanley W. Rosenkranz, Tampa, Fla., for plaintiff.

Richard H. Merritt, Pensacola, Fla., for Smith Engineering & Construction Co.

Bert Lane, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for United States Fidelity & Guaranty Corp. of Md.

CARSWELL, Chief Judge.

The use plaintiff Hendry moves for summary judgment seeking to recover from defendants under the provisions of the Miller Act for labor and materials supplied to Smith Engineering and Construction Company pursuant to a written contract. The contractual relationship and obligations arising thereunder between Hendry and Smith have been determined in a chancery proceeding in the Circuit Court of Escambia County, Florida. A certified true copy of...

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