NATIONAL SURETY CORPORATION v. UNITED STATES

No. 22645.

378 F.2d 294 (1967)

NATIONAL SURETY CORPORATION, Appellant, v. The UNITED STATES of America For the Use of WAY PANAMA, S. A., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 5, 1967.


Attorney(s) appearing for the Case

Dayton G. Wiley, San Antonio, Tex., Henry L. Newell, Balboa, Canal Zone, Peter N. Plumb, Lewin Plunkett, San Antonio, Tex., for appellant.

Fred Much, Houston, Tex., for appellee.

Before HUTCHESON, AINSWORTH and DYER, Circuit Judges.


HUTCHESON, Circuit Judge:

This appeal is from a judgment of the district court,1 sitting without a jury, which allowed recovery by the use plaintiff Way Panama, S.A. (hereafter appellee) against National Surety Corporation (hereafter Surety) on a Miller Act2 payment bond. Surety urges reversal on two grounds: (1) that appellee failed to give the statutory notice which...

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