UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant,
v.
R. S. PERKINS, Ruby A. McGee, PLS Company, a joint venture composed of R. S. Perkins and Ruby A. McGee, John C. Moran, Cooper Burks, the American State Bank, a corporation, Security National Bank, a corporation, Howe Sound Company, a corporation, Murray Director Affiliates, Inc., a corporation, Frank Farris and Lloyd J. Durensky, Appellees (two cases).
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
February 5, 1968.
February 5, 1968.
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) for appellant.
Coleman H. Hayes, of Monnet, Hayes, Bullis, Grubb & Thompson, and John H. Cantrell, of Cantrell, Douglass, Thompson & Wilson, Oklahoma City, Okl., (V. P. Crowe and Wm. J. Holloway, Jr., of Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., on the brief) for appellees. P. M. Williams, Oklahoma City, Okl., filed brief for appellee, Cooper Burks.
Before WOODBURY, LEWIS and HICKEY, Circuit Judges.
United States Court of Appeals Tenth Circuit.
LEWIS, Circuit Judge.
These are consolidated appeals in cases originating from Miller Act actions, 40 U.S.C. §§ 270a and 270b. No. 9522, Flint,1 reaches us for the second time. Our first consideration in Flint arose under Rule 54(b), Fed.R.Civ.P., upon an appeal by United States Fidelity & Guaranty Company from an order of the District Court for the Western District of Oklahoma vacating an earlier order allowing the filing...
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