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ROANE v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 8419.

378 F.2d 40 (1967)

N.H. ROANE, individually and as spokesman for Johnson & Roane, a joint venture, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

May 8, 1967.

Attorney(s) appearing for the Case

Donald Church, Tulsa, Okl., for appellant.

David H. Sanders, Tulsa, Okl. (Sanders, McElroy & Whitten, Tulsa, Okl., of counsel, on the brief) for appellee.

Before LEWIS, BREITENSTEIN, and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this Miller Act1 proceeding, appellant Roane attacks a judgment entered against him on the cross-claim of the appellee surety company.

Johnson, who was a party below but is not a party here, and Roane were joint venturers. In that capacity they made a contract with the United States for work on the Keystone Dam project in Oklahoma. The appellee surety executed the performance and payment bonds required...

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