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UNITED STATES v. EMBREY

No. 3106.

130 F.Supp. 643 (1955)

UNITED STATES of America, FOR THE USE AND BENEFIT OF CONTINENTAL LUMBER COMPANY, a corporation, Plaintiff, v. Harold EMBREY, doing business under the name and designation of Standard Construction Company, and Frank P. Kloepfer and William Gramkow, Jr., doing business under the name and designation of Kloepfer & Gramkow, a copartnership, and United Pacific Insurance Company, a corporation, and Manufacturers Casualty Insurance Company, a corporation, Defendants.

United States District Court D. Idaho, Southern Division.

April 29, 1955.

Attorney(s) appearing for the Case

Worthwine & Dworshak, Boise, Idaho, for plaintiff Continental Lumber Co.

J. F. Martin & C. Ben Martin, Boise, Idaho, for defendants Kloepfer & Gramkow, United Pacific Insurance Company, a corporation, and Manufacturers Casualty Insurance Company, a corporation.

Harold Embrey, pro se.

TAYLOR, District Judge.

The Court now has this matter on plaintiff's motion to strike defendants' affirmative defense. Oral argument has been heard and counsel have submitted briefs. Defendant Harold Embrey, however, has answered separately and neither he nor his pleading is directly involved in this motion.

The transaction out of which this litigation arose was the construction of certain buildings for the United States of America at Mountain Home Air Force...

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