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UNITED STATES v. McCABE COMPANY

Nos. 15984, 15988.

261 F.2d 539 (1958)

UNITED STATES of America, Appellant, v. The McCABE COMPANY, a Corporation, Appellee. AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. The McCABE COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 12, 1959.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. General, and Robert Vogel, U. S. Atty., Fargo, N. D., were with him on the brief), for appellant United States.

O. C. Adamson, II, Minneapolis, Minn. (William D. Flaskamp and Meagher, Geer, Markham & Anderson, Minneapolis, Minn., were with him on the brief), for appellant American Surety Co. of New York.

Geo. D. McClintock, Jr., Minneapolis, Minn. (John C. Benson, Minneapolis, Minn., Herbert G. Nilles, Fargo, N. D., Faegre & Benson, Minneapolis, Minn., and Nilles, Oehlert & Nilles, Fargo, N. D., were with him on the brief), for appellee.

Before JOHNSEN, VAN OOSTERHOUT, and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

The United States has appealed from final judgment dismissing its complaint against The McCabe Company, a corporation (McCabe). American Surety Company of New York (American Surety) has appealed from final judgment dismissing its cross-complaint against McCabe. The judgment dismissing as to McCabe was entered after the court, before trial, had sustained McCabe's motions to dismiss the complaint and the cross-complaint upon the ground...

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