GENERAL INSURANCE COMPANY OF AMERICA v. UNITED STATES

No. 26241.

409 F.2d 1326 (1969)

GENERAL INSURANCE COMPANY OF AMERICA, Appellant, v. UNITED STATES for the Use of AUDLEY MOORE & SON, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1969.


Attorney(s) appearing for the Case

Don W. Davis, Irion, Cain, Cooke, Magee & Davis, Dallas, Tex., for appellant.

Jack G. Neal, Ramey, Ramey & Neal, Sulphur Springs, Tex., for appellee.

Before ALDRICH, GODBOLD and DYER, Circuit Judges.


ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

In our original opinion we held that appellee's going on the premises to make final inspections and to take measurements for the purpose of preparing his final estimate was insufficient to constitute supplying labor [in the prosecution of the work] within the meaning of 40 U.S.C.A. § 270b(b). The visit to the premises by appellant occurred...

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