NATIONAL CITY BANK OF EVANSVILLE v. UNITED STATES

No. 245-56.

163 F.Supp. 846 (1958)

The NATIONAL CITY BANK OF EVANSVILLE, a Corporation, v. UNITED STATES.

United States Court of Claims.

July 16, 1958.


Attorney(s) appearing for the Case

Edward L. Carey, Washington, D. C., for plaintiff.

Kathryn H. Baldwin, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


LARAMORE, Judge.

This case comes before the court on cross-motions for summary judgment.

Plaintiff, as assignee on three defaulted contracts, sues for the alleged unpaid balance due at the time of termination for default, plaintiff's claim being that the defendant could not use any of such balances for completion of the work, since it would in effect be a benefit to the sureties, who had given plaintiff a subrogation agreement.

The facts are summarized...

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