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UNITED STATES v. FRYD CONSTRUCTION CORPORATION

No. 27437.

423 F.2d 980 (1970)

UNITED STATES of America for the Use and Benefit of T/N PLUMBING & HEATING CO., Plaintiff-Appellant, v. FRYD CONSTRUCTION CORPORATION, et al., Defendants-Appellees, American Fire & Casualty Company and United States of America, Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 13, 1970.

Attorney(s) appearing for the Case

Hugh S. Glickstein, Hollywood, Fla., for appellant.

Eugene C. Heiman, Miami, Fla., for Fryd Const. Corp.

R. Earl Welbaum, Miami, Fla., for American Fire and Cas. Co.

William A. Meadows, Jr., U. S. Atty., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, John S. Stephan, Gilbert E. Andrews, Paul M. Ginsburg, Attys., Dept. of Justice, Tax Div., Washington, D. C., for the United States.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 13, 1970.

AINSWORTH, Circuit Judge:

In this Miller Act (40 U.S.C. §§ 270a-270d) matter, suit was brought by use plaintiff T/N Plumbing & Heating Company, a subcontractor, against Fryd Construction Corporation and its surety, Travelers Indemnity Company, for the sum of $111,216.17, plus interest and attorney's fees, alleged to be due for material and services furnished in connection with the...

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