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UNITED STATES v. TRINITY UNIVERSAL INSURANCE CO.

No. 71-1301.

457 F.2d 950 (1972)

UNITED STATES of America for the Use and Benefit of CONTRACTORS EQUIPMENT COMPANY and Contractors Equipment Company, Plaintiffs, Travelers Insurance Company, Subrogee to Plaintiff, Hertz Equipment Rental Corporation, Plaintiff-Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 31, 1972.

Attorney(s) appearing for the Case

Thomas S. Terrell, Paul Nimmons, Jr., Houston, Tex., for plaintiff-appellant.

Tom Alexander, Fred Collins, Houston, Tex., for defendants-appellees.

St. John Garwood, Jr., Houston, Tex., for Hertz Equipment Rental Corp.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal poses two principal questions which, after nearly ten years of litigation, are far removed from the issue originally presented when the predecessors of Hertz filed a Miller bond suit against Carlton and his Falcon Construction Company, Inc. for rental payments alleged to be due for the lease of a heavy crane. Through a history revealing changes in parties, satisfaction of certain claims under the Miller Act Bond, and settlements...

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