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HARDIN COUNTY SAV. BANK v. UNITED STATES

65 F.Supp. 1017 (1946)

HARDIN COUNTY SAV. BANK v. UNITED STATES. MASSACHUSETTS BONDING & INS. CO. v. SAME. KELLEHER et al. v. SAME.

Court of Claims.

June 3, 1946.

Attorney(s) appearing for the Case

Daniel Partridge, III, of Washington, D. C. (Mills & Kilpatrick, of Washington, D. C., on the brief), for plaintiff Hardin County Sav. Bank.

Joseph A. Carey, of Washington, D. C. (Russell Hardy, of Washington, D. C., on the brief), for plaintiff Massachusetts Bonding & Ins. Co.

No appearance for D. M. Kelleher, receiver, and Elmo E. McCormick, trustee in bankruptcy of Ben B. Hogenson's estate.

Newell A. Clapp, of Chicago, Ill., and John F. Sonnett, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

LITTLETON, Judge.

This case is now before the court under section 148, Judicial Code, Title 28, U.S. C.A. § 254, on the merits of the conflicting claims of the Hardin County Savings Bank and the Massachusetts Bonding and Insurance Company to a balance of $28,655.12 due in whole or in part to one of these parties under a construction contract between one Ben B. Hogenson and the United States, acting through the Quartermaster Corps, U. S. Army, War Department....

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