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NATIONAL UNION INDEMNITY COMPANY v. SMITH

No. 23919.

389 F.2d 152 (1968)

NATIONAL UNION INDEMNITY COMPANY, Appellant, v. Charles H. SMITH, d/b/a Smith Construction Company, Appellee.

United States Court of Appeals Fifth Circuit.

February 9, 1968.

Attorney(s) appearing for the Case

A. Morgan Brian, Jr., New Orleans, La., for appellant.

Cicero C. Sessions, Max Nathan, Jr., New Orleans, La., for appellee.

Before TUTTLE, THORNBERRY and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The plaintiff was the prime contractor on a United States government contract for work on federal property in the State of Louisiana. He sued to recover from the surety of Mojave, a bankrupt subcontractor, the stipulated amount of $5,382.87 which Mojave failed to pay one of its suppliers of equipment for the job. The prime was sued by the supplier, paid off, and brought this suit against the sub's...

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