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U. S. FOR USE & BEN. OF SCARBOROUGH v. C & M CONT., INC.

No. WC 76-101-S.

444 F.Supp. 23 (1977)

The UNITED STATES of America for the Use and Benefit of William T. SCARBOROUGH, Individually and as owner of Scarborough Construction Company, Plaintiff, v. C & M CONTRACTORS, INC., Principal and United States Fidelity and Guaranty Company, Surety, Defendants.

United States District Court, N. D. Mississippi, W. D.

August 3, 1977.

Attorney(s) appearing for the Case

Winn Davis Brown, Jr., Huggins & Brown, Southaven, Miss., for plaintiff.

Barrett J. Clisby, Oxford, Miss., for defendants.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The defendant, C & M Contractors, Inc. (C & M), on June 5, 1974, entered into a contract for the transfer of soil located on the Enid Lake Rehabilitation Emergency Spillway Channel with the Department of the Army, Vicksburg District, Corps of Engineers. The defendant United States Fidelity & Guaranty Company, made C & M's payment bond for the work pursuant to the Miller Act, 40 U.S.C....

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