UNITED STATES v. FULLERTON CONSTRUCTION COMPANY

No. 12430.

407 F.2d 1002 (1969)

UNITED STATES of America for Use of PRITCHARD PRODUCTS CORPORATION, Appellee, v. FULLERTON CONSTRUCTION COMPANY and Continental Casualty Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 5, 1969.


Attorney(s) appearing for the Case

Michael H. Quinn, Columbia, S. C. (W. Ray Berry, and Fulmer, Barnes, Berry & Austin, Columbia, S. C., on brief) for appellants.

W. Croft Jennings, Jr., Columbia, S. C. (John W. Thomas, and Roberts, Jennings & Thomas, Columbia, S. C., on brief) for appellee.

Before SOBELOFF, BRYAN and WINTER, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge:

In this Miller Act case, 40 U.S.C. §§ 270a-270b, general contractor Fullerton Construction Company would offset against what it had agreed to pay Pritchard Products Corporation under a subcontract of April 1965, the amount Fullerton lost due to the alleged fault of Pritchard during the construction of a central heating and refrigeration plant for the United States at Fort Jackson...

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