UNITED STATES v. CLEVELAND ELECTRIC CO. OF SOUTH CAROLINA

No. 10763.

373 F.2d 585 (1967)

UNITED STATES of America for the Use of the B's COMPANY, Appellee, v. CLEVELAND ELECTRIC COMPANY OF SOUTH CAROLINA, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.


Attorney(s) appearing for the Case

W. Ray Berry, Columbia, S. C. (Michael H. Quinn and Fulmer, Barnes, Berry & Austin, Columbia, S. C., on brief), for appellant.

D. A. Brockinton, Jr., Charleston, S. C. (Brockinton & Brockinton, Charleston, S. C., on brief), for appellee.

Before SOBELOFF, J. SPENCER BELL and WINTER, Circuit Judges.


J. SPENCER BELL, Circuit Judge:

This is an appeal from a judgment by the court without a jury. The B's Company, a use plaintiff, brought suit under the provisions of the Miller Act (40 U.S.C. §§ 270a-270b (1964)) against the Cleveland Electric Company of South Carolina, a prime contractor, and its bondsman for monies due it as a subcontractor for labor and materials furnished on a contract with the Navy's Polaris...

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