No. 9242.

382 F.2d 699 (1967)

J. C. WYNNE and General Insurance Company of America, Appellants, v. UNITED STATES of America, for the Use of MID-STATES WATERPROOFING CO., Inc., Appellee.

United States Court of Appeals Tenth Circuit.

August 28, 1967.

Attorney(s) appearing for the Case

Melvin F. Pierce, Oklahoma City, Okl. (John R. Couch, and Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, Okl., of counsel, with him on the brief), for appellants.

William L. Fry, Wichita, Kan., for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action commenced by a subcontractor against the prime contractor and brought pursuant to the Miller Act (40 U.S.C.A. § 270a et seq.). The complaint of the use plaintiff, who is the appellee herein, asserted a breach of the contract between the parties and claimed damages. The plaintiff recovered in the trial court, and the prime contractor has taken this appeal.

The work out of which the controversy arose was on water storage...


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