No. 3500. June 4, 1940. Appeal from the District Court of the United States for the District of Rhode Island; John C. Mahoney, Judge. Action by the United States of America, for the use and benefit of James E. Hicks and Manford E. Hicks, co-partners doing business as M.E. Hicks Son, against the Ferro Concrete Construction Company as contractor and the Seaboard Surety Company as surety, wherein Luigi Luchini and James Luchini, doing business as L. Luchini Son, filed an intervening petition, and wherein