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NICKELL v. UNITED STATES

Nos. 7689, 7690.

340 F.2d 117 (1965)

Cecil NICKELL, d/b/a Cecil Nickell Construction Company, and United Benefit Fire Insurance Company of Omaha, Nebraska, Appellants, v. UNITED STATES of America for the use and benefit of TEXAS VITRIFIED PIPE COMPANY, Appellee. Cecil NICKELL, d/b/a Cecil Nickell Construction Company, and United Benefit Fire Insurance Company of Omaha, Nebraska, Appellants, v. UNITED STATES of America for the use and benefit of TEX-VIT MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

January 12, 1965.

Attorney(s) appearing for the Case

Paul A. Phillips, Albuquerque, N. M., for appellants.

Lon Sailers, of Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex. (Olson & Harris, Albuquerque, N. M., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

These actions were brought under the provisions of the Miller Act, 40 U.S.C.A. § 270a et seq., by unpaid materialmen against a contractor and his surety to recover for materials furnished to the contractor. The appeals are from judgments in favor of the unpaid materialmen and against the contractor and his surety.

On March 23, 1961, the appellant, Nickell, entered into a contract with the United States Government which provided for...

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