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UNITED STATES FOR USE OF TOM GROWNEY EQUIP., INC. v. FISHER

No. 71-1323.

457 F.2d 1298 (1972)

UNITED STATES of America FOR the USE OF TOM GROWNEY EQUIPMENT, INC., Plaintiff-Appellant, v. George B. FISHER et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 18, 1972.

Attorney(s) appearing for the Case

Marshall G. Martin, and John M. Wells, Albuquerque, N. M., on brief for plaintiff-appellant.

Kegel & McCulloh, Santa Fe, N. M., on brief for defendants-appellees.

Before HILL, HOLLOWAY and Mc-WILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Pursuant to the provisions of 40 U.S.C. § 270b, commonly referred to as the Miller Act, Tom Growney Equipment, Inc., filed an action in the United States District Court for the District of New Mexico, against George B. Fisher, Fred Pettingill, and The Home Indemnity Company. In the complaint Growney sought damages for an alleged breach of a contract whereby it had leased certain heavy equipment to Fisher and Pettingill, which equipment...

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