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UNITED STATES v. WILLIAM F. KLINGENSMITH, INC.

No. 80-2250.

670 F.2d 1227 (1982)

UNITED STATES of America For the Use and Benefit of HELLER ELECTRIC CO., INC., et al. S. E. B. Masonry, Inc., Appellant, v. WILLIAM F. KLINGENSMITH, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1982.

Attorney(s) appearing for the Case

Leslie Yu, Washington, D. C., with whom Christopher M. Kerns, Washington, D. C., was on the brief for appellant.

Michael J. Goergen, Washington, D. C., with whom Branko Stupar, Washington, D. C., was on the brief for appellees.

Before BAZELON, Senior Circuit Judge, and WILKEY and EDWARDS, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

This is a Miller Act1 action brought in the name of the United States for the use and benefit of SEB Masonry, Inc. (SEB) against William F. Klingensmith, Inc. (Klingensmith) and its Sureties, Fireman's Fund Insurance Co. (Fireman's Fund) and Hanover Insurance Co. (Hanover). SEB appeals a district court ruling2

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