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UNITED STATES v. STRINGFELLOW

No. 26853.

414 F.2d 696 (1969)

The UNITED STATES of America For the Use and Benefit of CITIZENS NATIONAL BANK OF ORLANDO, a National Banking Corporation, Plaintiff-Appellee, v. V. O. STRINGFELLOW, Burl Johnson and K. H. Vitt, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

July 30, 1969.

Attorney(s) appearing for the Case

Wayne P. Sturdivant, Simpson, Adkins, Fullingim & Hankins, Amarillo, Tex., for appellants.

L. A. White, Culton, Morgan, Britain & White, Amarillo, Tex., Charles E. Davis, Fishback, Davis, Dominick, Troutman & Salfi, Orlando, Fla., for Citizens National Bank of Orlando and West Construction Co.

Before AINSWORTH and GODBOLD, Circuit Judges, and DAWKINS, District Judge.

AINSWORTH, Circuit Judge:

Appellant, Stringfellow Amarillo Associates, was engaged as the prime contractor for the construction of a Capehart Act (42 U.S.C. § 1954 (1964)) housing project at the Amarillo Air Force Base, Potter County, Texas. On September 17, 1958, Stringfellow separately subcontracted to appellee, West Construction Company, the following work on this project: (1) the excavation, area grading, and landscaping...

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