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U. S., OF MISSISSIPPI ROAD SUPPLY CO. v. H. R. MORGAN, INC.

No. 74-3761.

528 F.2d 986 (1976)

UNITED STATES of America, for and on Behalf of MISSISSIPPI ROAD SUPPLY CO., Plaintiff-Appellee, v. H. R. MORGAN, INC., U.S. Fidelity and Guaranty Co. and Bobby Gray Young, etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 5, 1976.

Attorney(s) appearing for the Case

Jolly W. Matthews, III, Jere R. Ramsay, Hattiesburg, Miss., for defendants-appellants.

Henderson S. Hall, Jr., Natie P. Caraway, Jackson, Miss., for plaintiff-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

In this suit upon a general contractor's bond by a subcontractor's supplier, which resulted in verdict and judgment for the plaintiff, several alternative bases for federal jurisdiction of the cause were asserted. Plaintiff's primary reliance was on the Miller Act, 40 U.S.C. §§ 270a & b (1970). However, this is not a gardenvariety Miller Act transaction. The United States was not a party to the contract and the bond sued on runs in favor...

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