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J. W. COOPER CONST. CO. v. PUBLIC HOUSING ADMINISTRATION

No. 9551.

390 F.2d 175 (1968)

J. W. COOPER CONSTRUCTION COMPANY, Inc., and Seaboard Surety Company, Appellants, v. PUBLIC HOUSING ADMINISTRATION, for the Use and Benefit of RIO GRANDE STEEL PRODUCTS CO., Inc., a New Mexico Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 27, 1968.

Attorney(s) appearing for the Case

Dan A. McKinnon, III and Owen B. Marron, Albuquerque, N. M., for appellants.

Harold B. Albert, Albuquerque, N. M., for appellee.

Before WOODBURY, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

In this action brought under the Miller Act, 40 U.S.C. §§ 270a and 270b, the use plaintiff, Rio Grande Steel Products Company, Inc., obtained a judgment against J. W. Cooper Construction Company, Inc., and its surety company. The sole question presented is whether or not Rio Grande Steel is a material supplier to a subcontractor or a remote material supplier to a materialman. The resolution...

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