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UNITED STATES v. FORRESTER

No. 29218.

441 F.2d 779 (1971)

UNITED STATES of America, for the Use of FRIEDRICH REFRIGERATORS, INC., Plaintiff-Appellant, v. Vinson T. FORRESTER, Jr., et al., Defendants and Third-Party Plaintiffs-Appellees, v. A. D. HOSCH and AAA Heating & Air Conditioning Co., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

May 3, 1971.

Attorney(s) appearing for the Case

Judson Freeman, Bryant, Freeman, Richardson & Watson, Jacksonville, Fla., for plaintiff-appellant.

Nelson M. Harris, Jr., T. Malcolm Kirby, Knight, Kincaid, Poucher & Harris, and Howell, Kirby, Montgomery & D'Aiuto, Jacksonville, Fla., for appellees Vinson T. Forrester, Jr. and American Employers Ins. Co.

Barry L. Zisser, Jacksonville, Fla., for A. D. Hosch and AAA Air Conditioning Co.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Friedrich Refrigerators, Inc. (Friedrich) brought this suit under the Miller Act, Title 40, U.S.C. §§ 270a-270b, against the general contractor Vinson T. Forrester, Jr. (Forrester) and the surety on his bond, American Employers Insurance Company (American), to recover a balance of $9989.41, which Friedrich claims is owing it for materials supplied in connection with a construction contract at the U. S. Naval Air Station, Jacksonville...

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