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TRANSAMERICA INSURANCE COMPANY v. RED TOP METAL, INC.

No. 22707.

384 F.2d 752 (1967)

TRANSAMERICA INSURANCE COMPANY, Appellant, v. RED TOP METAL, INC., Appellee.

United States Court of Appeals Fifth Circuit.

October 18, 1967.

Attorney(s) appearing for the Case

Dayton G. Wiley, Law Offices of Dayton G. Wiley, Peter N. Plumb, Allen Lewin Plunkett, San Antonio, Tex., for appellant, Transamerica Insurance Co.

Jack Garey, Austin, Tex., for appellee.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

This case involves the liability of a Miller Act surety for attorneys' fees.

Red Top Metal, Inc., a subcontractor on a federal construction project at the Bergstrom Air Force Base in Austin, Texas, furnished labor and materials to the Jack Collins Construction Company, the general contractor. Collins withheld certain payments from Red Top because of disputes over various delays and extras on the project. When Collins refused to pay,...

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