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UNITED STATES, ETC. v. H. R. MORGAN, INC.

No. 75-2362.

544 F.2d 1271 (1977)

UNITED STATES of America, for the Use and Benefit of CARTER EQUIPMENT COMPANY, INC., Plaintiff-Appellee, v. H. R. MORGAN, INC., and National Indemnity Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 10, 1977.

Attorney(s) appearing for the Case

Thomas W. Tyner, Hattiesburg, Miss., for H. R. Morgan & Nat'l Ind.

Francis T. Zachary, Hattiesburg, Miss., for H. R. Morgan.

Wm. H. Cox, Jr., Jackson, Miss., D. Gary Sutherland, Hattiesburg, Miss., for plaintiff-appellee.

J. Martin Mooney, Collins, Miss., for Homer Folks, Etc.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This action was instituted by Carter Equipment Company (Carter) under the Miller Act, 40 U.S.C.A. § 270a et seq., to recover for equipment rentals, parts, repairs, and maintenance provided to a subcontractor, Homer Folks, d/b/a F & L Contractors (Folks), on a government project (the Holiday Creek job). Carter seeks payment from Folks as well as the general contractor, H. R. Morgan, Inc. (Morgan), and Morgan's surety, National...

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