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U.S. Court of Appeals for the Sixth Circuit, 1964

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

United States of America, for the Use and Benefit of Air Comfort, Inc., and Cross-Defendant v. Jones Coal Company, and Cross-Plaintiff
U.S. Court of Appeals for the Sixth Circuit · Decided July 10, 1964 · Weick, Phillips, Edwards
333 F.2d 846; 1964 U.S. App. LEXIS 4755 (Federal Reporter, Second Series)

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

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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