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UNITED STATES v. CITIZENS & SOUTHERN NAT. BANK OF ATLANTA, GA.

No. 9832.

367 F.2d 473 (1966)

The UNITED STATES of America, FOR the USE AND BENEFIT OF SHIELDS, INC., and Colonial Linoleum and Tile Company, Appellees, v. CITIZENS AND SOUTHERN NATIONAL BANK OF ATLANTA, GEORGIA, Executor of the estate of Ray M. Lee, Deceased, and The Travelers Indemnity Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided October 6, 1966.

Attorney(s) appearing for the Case

Oscar Leach, Raleigh, N. C., and Donald D. Smith, Atlanta, Ga. (Smith, Leach, Anderson & Dorsett, Raleigh, N. C., and Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., on brief), for appellants.

Weston P. Hatfield, Winston-Salem, N. C., and James H. Walker, Raleigh, N. C. (Hatfield & Allman, Winston-Salem, N. C., and Lassiter, Leager, Walker & Banks, Raleigh, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

BOREMAN, Circuit Judge:

This action was brought under the Miller Act, 40 U.S.C.A. § 270b, by United States of America, for the use and benefit of Shields, Inc., and Colonial Linoleum and Tile Company, hereinafter referred to as plaintiffs,1 against Ray M. Lee2 and his surety to recover damages of $50,319.34 for an alleged breach of a certain contract and the unpaid...

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