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U. S. ETC. WOODINGTON ELEC. CO. v. UNITED PAC. INS.

Nos. 75-2271, 75-2272.

545 F.2d 1381 (1976)

The UNITED STATES of America for the Use and Benefit of WOODINGTON ELECTRIC COMPANY, INC., Appellee, v. UNITED PACIFIC INSURANCE COMPANY, Appellant. The UNITED STATES of America for the Use and Benefit of WOODINGTON ELECTRIC COMPANY, INC., Appellee, v. GLOBE ELECTRIC COMPANY, INC., t/a M. L. Marshall Electrical Contractors, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 15, 1976.

Attorney(s) appearing for the Case

E. Kenneth Day, Norfolk, Va. (M. Richard Epps, Day & Summs, Norfolk, Va., on brief), for U. S. for the use and benefit of Woodington Elec. Co., Inc.

Phillips M. Dowding, Newport News, Va., for United Pac. Ins. Co. and Globe Elec. Co., Inc., t/a M. L. Marshall Electrical Contractors.

Before BUTZNER and RUSSELL, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

BUTZNER, Circuit Judge:

United Pacific Insurance Co., a surety under the Miller Act, 40 U.S.C. § 270a-d, for Globe Electric Co., a prime contractor on two government construction contracts, appeals a judgment holding it liable to Woodington Electric Co. United Pacific contends that the court erred in finding that Woodington was a subcontractor, rather than a joint venturer, of Globe. It also contends that, regardless of the relationship between Woodington and...

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