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UNITED STATES v. WESTERN CASUALTY & SURETY CO.

No. 521-69.

429 F.2d 905 (1970)

The UNITED STATES of America for the Use and Benefit of EMPIRE PLASTICS CORP., a Colorado corporation, Appellant, v. WESTERN CASUALTY & SURETY COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

July 21, 1970.

Attorney(s) appearing for the Case

John M. Cogswell, Denver, Colo. (Thomas W. Whittington, Denver, Colo., with him on the brief), for appellant.

Charles F. Bennett, of Murray, Baker & Wendelken, Colorado Springs, Colo., for appellee.

Before MURRAH, HILL and HICKEY, Circuit Judges.

MURRAH, Circuit Judge.

The central question on this appeal is whether Empire Plastics may recover on a bid bond executed by Western Casualty & Surety Co. for materials furnished in connection with a construction contract between Hayes Construction Co. and the Ent Air Force Base Exchange. Prior to June 1, 1967, the Exchange requested bids for the renovation of a building located on the base and, pursuant to applicable federal regulations,1

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