UNITED STATES FIDELITY & GUAR. CO. v. AMERICAN STATE BANK

No. 8515.

372 F.2d 449 (1967)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. The AMERICAN STATE BANK, Frank Farris, Howe Sound Company, Murray Director Affiliates, Inc., and Security National Bank of Kansas City, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

February 10, 1967.


Attorney(s) appearing for the Case

David H. Sanders, Tulsa, Okl., and Gus Rinehart, Oklahoma City, Okl. (Rinehart & Morrison, Oklahoma City, Okl., and Sanders, McElroy & Whitten, Tulsa, Okl., of counsel, on the brief with them), for appellant.

Coleman H. Hayes and John H. Cantrell, Oklahoma City, Okl. (Wm. J. Holloway, Jr., Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Monnet, Hayes, Bullis, Grubb & Thompson, and Cantrell, Douglass, Thompson & Wilson, Oklahoma City, Okl., on the brief with them), for appellees.

Before PICKETT, LEWIS and HICKEY, Circuit Judges.


DAVID T. LEWIS, Circuit Judge.

This case reaches us as a Rule 54(b) offshoot, Fed.R.Civ.P., in an original action brought under the Miller Act, 40 U.S.C. §§ 270a and 270b, by the United States for the use and benefit of Flint Steel Corporation, a subcontractor, against the PLS Company, a joint venture engaged as prime contractor on a federal project at Ft. Sill, Oklahoma. The United States Fidelity & Guaranty...

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