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GENERAL INSURANCE COMPANY OF AMERICA v. UNITED STATES

No. 26241.

406 F.2d 442 (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.

Rehearing and Partial Rehearing Denied April 4, 1969.

Attorney(s) appearing for the Case

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

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

Before ALDRICH, GODBOLD and DYER, Circuit Judges.

Rehearing and Partial Rehearing En Banc Denied April 4, 1969.

GODBOLD, Circuit Judge:

Sulphur Springs, Texas has a new post office and federal building, and Audley Moore & Son, as a subcontractor of Professional Constructors, helped build it. Moore, not having been paid, made proper demand on Professional on May 4, 1966 for payment for labor and materials furnished. Payment was not made. This Miller Act case,...

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