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UNITED STATES v. FEDERAL INSURANCE COMPANY

No. 71-2291 Summary Calendar.

452 F.2d 485 (1971)

UNITED STATES for the Use and Benefit of JINKS LUMBER COMPANY, Inc., Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 14, 1971.

Attorney(s) appearing for the Case

Jerry W. Gerde, Davenport, Johnston & Harris, Panama City, Fla., for plaintiff-appellant.

Gary B. Lane, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for Dyson & Fed. Ins. Co.

Robert B. Staats, Panama City, Fla., trustee.

Clinton Foster, Panama City, Fla., for Charles Register.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Appellant, Jinks Lumber Company, appeals from the granting of a motion for summary judgment in favor of appellee, Dyson & Company, and its surety, Federal Insurance Company, alleging that the district court was in error when it concluded that Jinks had failed to comply with the notice requirements of the Miller Act, 40 U.S.C.A. § 270b, in pressing a materialman's claim against Dyson's payment bond. We find that Jinks did give adequate notice under...

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