ROBERTSON v. NEW AMSTERDAM CASUALTY COMPANY

Nos. 15171, 15172.

324 F.2d 345 (1963)

W. E. ROBERTSON, Max Maltzman, Elliott Maltzman and Irving Roston, d/b/a W. E. Robertson Co., Plaintiffs-Appellees, v. NEW AMSTERDAM CASUALTY COMPANY and Star Construction Corporation, Defendants-Appellants. W. E. ROBERTSON, Max Maltzman, Elliott Maltzman and Irving Roston, d/b/a W. E. Robertson Co., Plaintiffs-Cross Appellants, v. NEW AMSTERDAM CASUALTY COMPANY and Star Construction Corporation, Defendants-Cross Appellees.

United States Court of Appeals Sixth Circuit.

November 20, 1963.


Attorney(s) appearing for the Case

Lively M. Wilson, Louisville, Ky. (Stites, Peabody & Helm, Louisville, Ky., Golenbock & Barrel, New York City, on the brief), for W. E. Robertson and others.

Joseph E. Stopher, Louisville, Ky. (Joseph E. Stopher, A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., Max E. Greenberg, Emanuel Harris, New York City, on the brief), for New Amsterdam Casualty Company, and others.

Before WEICK and PHILLIPS, Circuit Judges, and KALBFLEISCH, District Judge.


PER CURIAM.

This case arises out of the building of a Federal Housing Project at Fort Knox, Kentucky. The prime contractor, a partnership doing business as W. E. Robertson Company (hereinafter referred to as Robertson), brought suit against New Amsterdam Casualty Company, surety on the performance bond of the carpentry subcontractor, Star Construction Corporation (hereinafter referred to as Star). Star was permitted to intervene as a defendant.

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