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ATLANTIC ELECTRIC, INC. v. ALLIS-CHALMERS MANUFACTURING CO.

No. 22729.

375 F.2d 726 (1967)

ATLANTIC ELECTRIC, INC., Security Mutual Casualty Company, R. E. Clarson, Inc., and Reliance Insurance Company, Appellants, v. ALLIS-CHALMERS MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1967.

Attorney(s) appearing for the Case

Harold L. Ward, Miami, Fla., Joel Miller, Fort Lauderdale, Fla., John Carruthers, II, Miami, Fla., for appellants, Fowler, White, Gillen, Humkey & Trenam, Smathers & Thompson, Miami, Fla., Miller & Capp, Fort Lauderdale, Fla., of counsel.

Thomas C. MacDonald, Jr., J. Rex Farrior, David G. Hanlon, John I. Van Voris, Tampa, Fla., for appellee, Shackleford, Farrior, Stallings, Glos & Evans, Tampa Fla., of counsel.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.

PER CURIAM:

Under the Miller Act [40 U.S.C., § 270b], Allis-Chalmers Manufacturing Company sued the appellants for $106,949.59, plus interest, as the amount alleged due and owing for materials and equipment delivered to Atlantic Electric, Inc., a subcontractor, for use in the construction of certain facilities at an Air Force Missile Test Center in Florida. R. E. Clarson was the general contractor and the other codefendants-appellants were sureties. In a general...

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