S. S. SILBERBLATT, INC. v. UNITED STATES

No. 22123.

353 F.2d 545 (1965)

S. S. SILBERBLATT, INC., and the Travelers Indemnity Company, Appellants, v. UNITED STATES of America, for the Use and Benefit of LAMBERT CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

November 22, 1965.


Attorney(s) appearing for the Case

Richard U. Simon, Fort Worth, Tex., for appellants.

Gordon A. Dotson, Houston, Tex., Harold O. Clark, Waco, Tex., for appellee.

Before HUTCHESON and COLEMAN, Circuit Judges, and MORGAN, District Judge.


HUTCHESON, Circuit Judge.

This is an appeal from a judgment finding the primary contractor on a government construction project and its surety liable to the supplier of a subcontractor for materials furnished for and used in the government project. Suit was brought under the Miller Act, 40 U.S.C.A. Sections 270a and 270b, and the Capehart Act, 42 U.S.C.A. Sec. 1594. We hold, for the reasons hereinafter stated, that this judgment...

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