CONTINENTAL CASUALTY COMPANY, Appellant,
v.
C. O. BRAND, INC., and Hartford Accident and Indemnity Company, Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
January 25, 1966.
Rehearing Denied March 16, 1966.
Attorney(s) appearing for the Case
John O. MacAyeal, El Paso, Tex., R. Emmett Kerrigan, New Orleans, La., Edward H. Cushman, Philadelphia, Pa. (Deutsch, Kerrigan & Stiles, New Orleans, La., Cushman & Obert, Philadelphia, Pa., Mayfield, Broaddus, MacAyeal & Perrenot, El Paso, Tex., A. Morgan Brian, Jr., New Orleans, La., Kenneth M. Cushman, Philadelphia, Pa., of counsel), for appellant.
William Duncan, El Paso, Tex., Howard B. Brown, Los Angeles, Cal., Robert V. Blade, Oroville, Cal., Brown & Brown, Los Angeles, Cal., Kemp, Smith, Brown, Goggin & White, El Paso, Tex., for appellees.
Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.
United States Court of Appeals Fifth Circuit.
WISDOM, Circuit Judge:
The decisive issue before the Court is the validity of the dual notice provision in the standard Capehart Act1 payment bond executed on a form prescribed by the Secretary of Defense. This provision requires, as a prerequisite to suit on the bond, that a Capehart Act supplier give notice of default to any two of the following parties: (1) the prime contractor; (2) any one...
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