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CONTINENTAL CASUALTY COMPANY v. UNITED STATES

No. 63-57.

169 F.Supp. 945 (1959)

CONTINENTAL CASUALTY COMPANY v. UNITED STATES. Edward J. Breen, Paul F. Harron and Mitchell W. Miller, Trustees in Bankruptcy, Pennsylvania Drydock and Ship-building Co., Inc., Third Parties.

United States Court of Claims.

February 11, 1959.

Attorney(s) appearing for the Case

S. Gordon Elkins, Philadelphia, Pa., for plaintiff. Daniel Mungall, Jr., Philadelphia, Pa., on the brief.

Lawrence F. Ledebur, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Leavenworth Colby, Washington, D. C., was on the memorandum.

Clarence R. Reardon, Baltimore, Md., for third parties.

MADDEN, Judge.

The plaintiff, Continental Casualty Company, wrote payment and performance bonds as surety for Pennsylvania Drydock and Shipbuilding Co., Inc., on contracts which the latter company had with the United States. Pennsylvania Drydock went into bankruptcy leaving unpaid bills incurred in its performance of the contracts. The plaintiff paid those bills pursuant to its obligation on its bonds. The United States has not paid Pennsylvania Drydock all that that...

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