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GENERAL ELECTRIC CO. v. SOUTHERN CONSTRUCTION CO.

No. 22294.

383 F.2d 135 (1967)

GENERAL ELECTRIC COMPANY, Appellant, v. SOUTHERN CONSTRUCTION COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 16, 1967.

Attorney(s) appearing for the Case

Michael H. Bagot, Jesse S. Guillot, New Orleans, La., Cromwell Warner, Jr., Los Angeles, Cal., for appellant.

A. Morgan Brian, Jr., New Orleans, La., for appellees.

Before JONES and BELL, Circuit Judges, and BREWSTER, District Judge.

BREWSTER, District Judge:

This suit was brought under the Miller Act against a federal construction job prime contractor and its payment bond surety to recover for the benefit of a materialman an unpaid balance due by a defaulted subcontractor for electrical materials furnished for use in the project. The sole question involved is one of law: Does the one year limitation period set out in 40 U.S.C.A., Section 270b (b) begin to run against a materialman from the date...

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