UNITED STATES FIDELITY AND GUARANTY CO. v. UNITED STATES

No. 9676.

389 F.2d 697 (1968)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation, A. E. Gibson Company, and Amulco Asphalt Company, a Joint Venture composed of A. E. Gibson, d/b/a, A. E. Gibson and Amulco Asphalt Company, a corporation, Joint Ventures, and Buster Farrimond, Appellants, v. UNITED STATES of America for the Use and Benefit of CONTRACTOR'S ELECTRIC SUPPLY, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 5, 1968.


Attorney(s) appearing for the Case

Tom N. Klentos, Tulsa, Okl., for appellants.

Kay Wilson, Jr., Muskogee, Okl., for appellee.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

Appellee, Contractors Electric Supply, Inc., a material supplier, filed a complaint permitted by the Miller Act, 40 U.S.C.A. §§ 270a and 270b, against appellants, the general contractor, and others, including the surety bond company who guaranteed the payment for materials furnished on the contract job. Appellants sought to amend their answer on the day of trial. The court denied the oral request. Judgment was given appellee for the...

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