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UNITED STATES v. ALGERNON BLAIR, INC.

Civ. A. No. 70-84.

329 F.Supp. 1360 (1971)

The UNITED STATES of America for the Use of WHEELING-PITTSBURGH STEEL CORPORATION, and Wheeling-Pittsburg Steel Corporation in its separate capacity, Plaintiffs, v. ALGERNON BLAIR, INC., et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

August 3, 1971.

Attorney(s) appearing for the Case

Wilburn Brewer, Jr., and Gene V. Pruet, of Cooper, Gary, Nexsen & Pruet, Columbia, S. C., for plaintiffs.

Clinch Heyward Belser, and Jackson L. Barwick, of Belser, Belser & Baker, Columbia, S. C., for Algernon Blair, Inc., and United States Fidelity and Guaranty Co.

No appearance for Phillips Air Devices, Inc.

Claude M. Scarborough, of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., for United Bonding Ins. Co.

Julius W. McKay, of McKay, McKay, Black, Sherrill, Walker & Wilkins, Columbia, S. C., for Aetna Ins. Co.

ORDER

HEMPHILL, District Judge.

This matter is before the court on the cross motions of the plaintiff and Aetna Insurance Company regarding the fourth defense pled in Aetna's answer. Plaintiff has moved to strike the defense and Aetna for summary judgment upon it.

For the purposes of this motion, the facts are these. J. W. Bateson, Inc. entered a contract with the United States for construction of military barracks. J. W. Bateson entered a subcontract...

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