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BORRETT-MOORE & ASSOCIATES v. UNITED STATES

No. 8392.

367 F.2d 122 (1966)

BORRETT-MOORE & ASSOCIATES and Maryland Casualty Company, Appellants, v. UNITED STATES of America, For the Use of James P. HARWELIL, doing business as J. S. & H. Construction Company, Appellees.

United States Court of Appeals Tenth Circuit.

September 20, 1966.

Attorney(s) appearing for the Case

Michael L. Keleher, Albuquerque, N. M. (W. A. Keleher, T. B. Keleher a. John B. Tittmann, Albuquerque, N.M., with him on brief), for appellants.

Mary Walters, of Toulouse, Ruud, Gallagher & Walters, Albuquerque, N. M. for appellees.

Before MURRAH, Chief Judge and JONES and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

James P. Harwell, d/b/a J. S. & H. Construction Company, brought this action under the Miller Act, 40 U.S.C. §§ 270a-270d (1952), against Borrett-Moore & Associates, a co-partnership composed of George Ross O. Borrett and Sam T. Moore, and Maryland Casualty Company, a corporation, to recover the reasonable value of labor furnished Borrett-Moore at Los Alamos, New Mexico, on a government contract. Borrett-Moore was the prime...

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