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JOSEPH F. HUGHES & CO. v. DISTRICT OF COLUMBIA

Nos. 22168, 22246.

413 F.2d 376 (1969)

JOSEPH F. HUGHES & CO., Inc., and Reliance Insurance Company, Appellants, v. DISTRICT OF COLUMBIA for the Use and Benefit of NOLAND COMPANY, Inc., and Flowers School Equipment Co., et al., Appellees. DISTRICT OF COLUMBIA for the Use and Benefit of NOLAND COMPANY, Inc., and Reading Steel Products, Inc., Appellees, v. JOSEPH F. HUGHES & CO., Inc., and Reliance Insurance Company, Appellants.

United States Court of Appeals District of Columbia Circuit.

Decided April 18, 1969.

Attorney(s) appearing for the Case

Mr. Stephen S. Boynton, Washington, D. C., with whom Messrs. John P. Arness and Peter F. Rousselot, Washington, D. C., were on the brief, for appellants.

Mr. Francis J. Pelland, Washington, D. C., with whom Messrs. Marvin P. Sadur and Herman M. Braude, Washington, D. C., were on the brief, for appellees.

Before FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

FAHY, Senior Circuit Judge:

On August 10, 1964, appellant Joseph F. Hughes & Co., Inc., referred to as Hughes, entered into separate contracts with the District of Columbia for the construction of the Daniel C. Roper Junior High School and the Louis Charles Rabaut Junior High School. Hughes and appellant Reliance Insurance Company, as surety, referred to as Reliance, delivered to the District of Columbia statutory performance and payment bonds in the amounts of...

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