MARYLAND CASUALTY COMPANY v. UNITED STATES

No. 252-55.

141 F.Supp. 900 (1956)

MARYLAND CASUALTY COMPANY, a corporation, v. The UNITED STATES and Fidelity Trust Company, a corporation, Pittsburgh, Pennsylvania, Third-Party Defendant.

United States Court of Claims.

June 5, 1956.


Attorney(s) appearing for the Case

John J. Wilson, Washington, D. C., for plaintiff.

Walter Kiechel, Jr., and Kathryn H. Baldwin, with whom was Acting Asst. Atty. Gen. Geo. S. Leonard, for defendant.

Clyde P. Bailey, Pittsburgh, Pa., and D. C. Colladay, Washington, D. C., for Fidelity Trust Company. Weller, Wicks & Wallace, Pittsburgh, Pa., Edward F. Colladay and Colladay & Colladay, Washington, D. C., were on the briefs.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


MADDEN, Judge.

The plaintiff, a bonding company, alleges in its petition that it furnished performance and payment bonds for a contractor with the Government; that the contractor executed an assignment, under the Assignment of Claims Act of 1940, 31 U.S.C.A. § 203, of its right to receive payments under the contract, to Fidelity Trust Company (hereinafter called Fidelity); that in the course of performance of the contract, the contractor failed to pay certain...

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