McAtee v. United States Fidelity and Guaranty Co.

DANIEL HOLCOMBE THOMAS, District Judge.

The above-styled cause, a Miller Act case, was heard by the Court, without a jury, on stipulated facts and arguments of counsel and taken under submission on March 5, 1975. Having considered the stipulated facts, exhibits and arguments of counsel, the Court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. This action was brought by the plaintiff, James R. McAtee, as Trustee in Bankruptcy for Chavis Construction, Inc. (Chavis) to recover in behalf of the bankrupt estate funds in the possession of the defendant, United States…