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DINEEN v. UNITED STATES

No. 46208.

71 F.Supp. 742 (1947)

DINEEN, Superintendent of Insurance, v. UNITED STATES.

Court of Claims.

June 2, 1947.

Attorney(s) appearing for the Case

Camden R. McAtee, of Washington, D. C. (F. X. Horan, of New York City, on the brief), for plaintiff.

Robert E. Mitchell, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

The plaintiff, the New York State Superintendent of Insurance, is charged by statute with the liquidation of the New York Indemnity Company, insolvent. That company was the surety on the bond of Grumwald and Tudor, Inc., and Elbert Deffebach, who on May 12, 1928, made a contract with the Government, acting through the Assistant Secretary of the Interior, to construct a piece of highway in the Sequoia National Park. The work was not completed within...

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