UNITED STATES v. WESTERN CASUALTY & SURETY COMPANY

No. 16435.

359 F.2d 521 (1966)

UNITED STATES of America, for the Use and Benefit of, STATHAM INSTRUMENTS, INC., Plaintiff-Appellee, v. WESTERN CASUALTY & SURETY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 12, 1966.


Attorney(s) appearing for the Case

A. Fred Rebman, III, Blake Moore, Chattanooga, Tenn., Spears, Moore, Rebman & Williams, Chattanooga, Tenn., of counsel, for appellant.

J. Harvey Cameron, South Pittsburg, Tenn., Voegelin, Barton, Harris & Callister, Los Angeles, Cal., of counsel, for appellee.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.


CELEBREZZE, Circuit Judge.

This is an action brought pursuant to the Miller Act by the Plaintiff-Appellee, Statham Instruments, Inc., against Defendant-Appellant, Western Casualty & Surety Company. The case was submitted to the trial court upon motions for summary judgment filed by both parties. The trial court sustained the Plaintiff-Appellee's motion, overruled the Defendant-Appellant's motion, and gave judgment for the Plaintiff-Appellee. From this judgment...

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