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UNITED STATES EX REL. UNITED BROTH., ETC. v. WOERFEL CORP.

No. 76-1119.

545 F.2d 1148 (1976)

UNITED STATES ex rel. UNITED BROTHERHOOD OF CARPENTERS & JOINERS LOCAL UNION NO. 2028, et al., Appellees, v. WOERFEL CORPORATION and Fidelity & Deposit Company of Maryland, a corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1976.

Attorney(s) appearing for the Case

William A. Hill, Pancratz, Wold & Johnson, Fargo, N. D., for appellants.

Damon E. Anderson, Kessler & Anderson, Grand Forks, N. D., for appellees.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

Three labor unions brought this action under the Miller Act, 40 U.S.C. §§ 270a and 270b, to recover retroactive pay increases for their members based on an alleged collective bargaining agreement. The defendants are Woerfel Corporation, a prime contractor on a federal project for the construction of Safeguard Antiballistic Missile (ABM) launch sites in North Dakota, and its payment bond surety Fidelity & Deposit Company of Maryland...

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