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COLUSA-GLENN PRODUCTION CR. ASS'N v. PHOENIX INS. CO.

No. 33942.

145 F.Supp. 844 (1956)

COLUSA-GLENN PRODUCTION CREDIT ASSOCIATION, a California Corporation, Plaintiff, v. PHOENIX INSURANCE COMPANY OF HARTFORD, CONNECTICUT, a Connecticut Corporation; James C. Berlinger et al., Defendants, United States of America, Plaintiff in Intervention.

United States District Court N. D. California, S. D.

August 2, 1956.

Attorney(s) appearing for the Case

Cushing, Cullinan, Duniway & Gorrill, San Francisco, Cal., for plaintiff.

Laughlin, McKalson & Crable, Chico, Cal., Hewitt & McBride, Yuba City, Cal., Manwell & Manwell, Arthur S. Powell, Marysville, Cal., Ira B. Langdon, Stockton, Cal., for defendants.

Lloyd S. Burke, U. S. Atty., San Francisco, Cal., for plaintiff in intervention.

EDWARD P. MURPHY, District Judge.

This is an action under 28 U.S.C. § 1335 by the holder of certain funds, amounting to $12,411.40 and now deposited in the registry of this Court, for a determination of the respective rights in that sum of the United States and a surety, the Phoenix Insurance Company of Hartford, Connecticut.

The surety issued its bond to guarantee the performance of a building contract by one Berlinger, a contractor.

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