UNITED STATES OF AMERICA, FOR THE USE AND BENEFIT OF AIR COMFORT, INC., PLAINTIFF AND CROSS-DEFENDANT APPELLEE,
v.
JONES COAL COMPANY, DEFENDANT AND CROSS-PLAINTIFF APPELLANT

6th Cir. | 1964-07-10
No. 15517
333 F.2d 846 United States Court of Appeals for the Sixth Circuit (1964) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a judgment for the plaintiff in an action under the Miller Act to collect the balance due on a contract to install air-conditioning in the United States Courthouse at Chattanooga, Tennessee. The defendant filed a counterclaim for damages. The District Judge adopted findings of fact and conclusions of law. In the appeal, only factual issues were raised. In our opinion, the findings of fact of the District Judge are not clearly erroneous and there is no merit in the appeal.

The motion to remand for dismissal is overruled. The motion filed by the plaintiff to add additional parties may be considered by the District Court upon remand of the case.

The judgment of the District Court is affirmed.


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