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NICKELL v. UNITED STATES

No. 8060.

355 F.2d 73 (1966)

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 D. W. FALLS, INC., and Texas Vitrified Pipe Company, Appellees.

United States Court of Appeals Tenth Circuit.

January 14, 1966.

Attorney(s) appearing for the Case

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

Owen B. Marron, Albuquerque, N. M. (Marron & Houk, Albuquerque, N. M., with him on the brief), for appellee, D. W. Falls, Inc.

Lon Sailers, Dallas, Tex. (Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., with him on the brief), for appellee Texas Vitrified Pipe Co.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from a judgment in a Miller Act case, 40 U.S.C.A. §§ 270a-270d, in which the United States District Court for the District of New Mexico gave judgment in favor of the use plaintiff, D. W. Falls, Inc., against the defendants, Cecil Nickell, d/b/a Nickell Construction Company, and his surety, United Benefit Fire Insurance Company, in the amount of $16,184.83. Defendants also appeal from the court's dismissal of

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