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GRAYBAR ELECTRIC CO. v. JOHN A. VOLPE CONSTRUCTION CO.

No. 24126.

387 F.2d 55 (1967)

GRAYBAR ELECTRIC COMPANY, Inc., Appellant, v. JOHN A. VOLPE CONSTRUCTION CO., Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

December 1, 1967.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., John I. Van Voris, Tampa, Fla., for appellant.

James Knight, Miami, Fla., Milton E. Grusmark, Miami Beach, Fla., Laurence A. Schroeder, Miami, Fla., for appellees.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge:

Graybar Electric Company, Inc., appeals from an order dismissing its Miller Act claim against John A. Volpe Construction Co., Inc.1

Volpe was the general contractor on a federal construction project known as the Federal Office Building of Miami. Diplomat Electric Company, a Florida corporation, was a subcontractor of Volpe on that project. Graybar Electric Company, Inc., sold to Diplomat some $252,696.90...

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