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UNITED STATES v. S. VOLPE & CO.

No. 6620.

359 F.2d 132 (1966)

UNITED STATES of America, f/u/b/o Henry J. Larkin, d/b/a Larkin Company, Plaintiff, Appellant, v. S. VOLPE & CO. Inc., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided April 15, 1966.

Attorney(s) appearing for the Case

Henry J. Larkin, on brief, pro se.

Herman Snyder, Philip Markell and Snyder, Tepper, Berlin & Katz, Boston, Mass., on brief for appellees.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of Henry J. Larkin, d/b/a Larkin Co., against S. Volpe Co., Inc., and its surety, The Travelers Indemnity Company, brought under the Miller Act1 to recover the value of labor and materials furnished by plaintiff to defendant.2

The dispute arose out of three contracts under which plaintiff agreed to do certain heating...

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