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ARNOLD v. UNITED STATES

No. 72-1290.

470 F.2d 243 (1972)

Fred A. ARNOLD et al., Appellants, v. UNITED STATES of America, for the use of Lynn V. Bowman Mechanical Contractors, Inc., Appellee.

United States Court of Appeals, Tenth Circuit.

December 6, 1972.

Attorney(s) appearing for the Case

John A. Biersmith, of Biersmith & Badgerow, Kansas City, Mo., for appellants.

James T. Seigfreid and Arlyn D. Haxton, Kansas City, Mo. (Dietrich, Davis, Burrell, Dicus & Rowlands, Kansas City, Mo., and McAnany, Van Cleave & Phillips, Kansas City, Kan., with them on the brief), for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

Defendant-appellants, Fred A. Arnold and Fred A. Arnold, Inc. (hereinafter Arnold), and use-plaintiff-appellee, Lynn V. Bowman Mechanical Contractors, Inc. (hereinafter Bowman), entered into a contract providing that Bowman was to install the interior plumbing and the outside utilities in one hundred forty-eight housing units at Fort Leavenworth, Kansas. Arnold was the prime contractor. Pursuant to 40 U.S.C. § 270a(a) (2), the Miller Act...

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