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FRANCHI CONSTRUCTION COMPANY v. UNITED STATES

No. 23682.

392 F.2d 717 (1968)

FRANCHI CONSTRUCTION COMPANY, Inc. and Reliance Insurance Company, Appellants, v. UNITED STATES of America ex rel. CONSOLIDATED COMSTOCK COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

March 7, 1968.

Attorney(s) appearing for the Case

Robert J. Sherer, Boston, Mass., Harry T. Gray, Jacksonville, Fla., for appellants.

Harlan Tuck, Orlando, Fla., for appellee.

Before TUTTLE and WISDOM, Circuit Judges, and BREWSTER, District Judge.

WISDOM, Circuit Judge:

Consolidated Comstock Company brought this action under the Miller Act against Franchi Construction Company and its surety to recover money allegedly due it for materials furnished and labor performed on a construction contract between Franchi and the United States. The district court found for Consolidated on the merits, and also awarded the use-plaintiff attorneys' fees. We affirm.

I.

Franchi was the prime contractor for...

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