United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff

Sixth Circuit

United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff

333 F.2d 846, 1964 U.S. App. LEXIS 4755

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 10, 1964

Docket15517

StatusPublished

This text of 333 F.2d 846 (United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff, 333 F.2d 846, 1964 U.S. App. LEXIS 4755 (6th Cir. 1964).

Pincite

Opinion

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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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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333 F.2d 846, 1964 U.S. App. LEXIS 4755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-for-the-use-and-benefit-of-air-comfort-inc-and-ca6-1964.

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