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UNITED STATES, ETC. v. J. W. BATESON CO., INC.

No. 75-2199.

551 F.2d 1284 (1977)

UNITED STATES of America for and on Behalf of the BOARD OF TRUSTEES OF the NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND et al. v. J. W. BATESON COMPANY, INC., et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1977.

Rehearing Denied February 16, 1977.

Certiorari Granted June 27, 1977.

Attorney(s) appearing for the Case

Henry J. Capello, Washington, D. C., for appellants.

Donald J. Capuano, Washington, D. C., for appellees, Board of Trustees of the National Automatic Sprinkler Industry Pension Fund, et al. Glenn V. Whitaker, Washington, D. C., was on the brief for appellees.

Before WRIGHT and ROBB, Circuit Judges and GESELL, United State District Judge for the District Court for the District of Columbia.

Certiorari Granted June 27, 1977. See 97 S.Ct. 2971.

Opinion for the Court filed by District Judge GESELL.

Concurring opinion filed by Circuit Judge WRIGHT.

GESELL, District Judge:

This case arises under the Miller Act, 40 U.S.C. §§ 270a et seq., and involves the scope of the payment bond which prime contractors are obliged to provide as surety for work done on federal construction. The District Court, Judge Aubrey E. Robinson...

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