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UNITED STATES v. MSI CORPORATION

No. 446, Docket 29519.

350 F.2d 285 (1965)

UNITED STATES of America for the Use of WELLMAN ENGINEERING COMPANY, Appellee, v. MSI CORPORATION and Fullerton Construction Co., Comprising a joint venture known as Zarpas-Fullerton Joint Venture, and Aetna Casualty & Surety Company, Appellants.

United States Court of Appeals Second Circuit.

Decided July 29, 1965.

Attorney(s) appearing for the Case

Richard E. Moot, Buffalo, N. Y. (William S. Easton and Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., on the brief), for appellee.

Marvin P. Sadur, Washington, D. C. (Francis J. Pelland, and Sussholz & Sadur, Washington, D. C., Lauren D. Rachlin, of Rachlin & Rachlin, Buffalo, N. Y., on the brief), for appellants.

Before MOORE, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The United States District Court for the Western District of New York, John O. Henderson, Judge, entered judgment on a Miller Act (40 U.S.C. §§ 270a, 270b) bond in favor of use-plaintiff Wellman Engineering Company, and the obligor and surety on the bond appeal. Affirmed.

Appellants MSI Corporation and Fullerton Construction Co., as a joint venture known as Zarpas-Fullerton...

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