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UNITED STATES v. LEMBKE CONSTRUCTION COMPANY

No. 8595.

370 F.2d 293 (1966)

UNITED STATES of America, for the Use of Harold BRYANT, dba Rio Grande Sand and Gravel, Appellant, v. LEMBKE CONSTRUCTION COMPANY, Inc., and Glens Falls Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

December 20, 1966.

Attorney(s) appearing for the Case

James A. Womack, Albuquerque, N. M. (Arturo G. Ortega, Albuquerque, N. M., on the brief), for appellant.

Richard G. Cooper, Albuquerque, N. M. (Bryan G. Johnson and Marshall G. Martin, Albuquerque, N. M., on the brief), for appellees.

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

HILL, Circuit Judge.

This Miller Act case was brought in the United States District Court by the use plaintiff-appellant against appellees Lembke Construction Company, Inc., a prime contractor on a government construction contract, and its surety, Glens Falls Insurance Company. The District Court rendered judgment for the appellees.

Appellee Lembke Construction Company contracted to construct certain facilities for the United States Government. As required...

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