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UNITED STATES v. NEW HAMPSHIRE FIRE INSURANCE CO.

Civ. Nos. 16717, 16718.

173 F.Supp. 529 (1959)

UNITED STATES of America, for the Use and Benefit of Irving WOLTHER, Plaintiff, v. NEW HAMPSHIRE FIRE INSURANCE CO. and Seacoast Repair Co., Inc., as Debtor in Possession Pursuant to Chapter XI of the Bankruptcy Act, Defendants. UNITED STATES of America, for the Use and Benefit of Irving WOLTHER, Plaintiff, v. HOME INDEMNITY COMPANY and Seacoast Repair Co., Inc., as Debtor in Possession Pursuant to Chapter XI of the Bankruptcy Act, Defendants, HOME INDEMNITY COMPANY, Third-Party Plaintiff, v. NEW HAMPSHIRE FIRE INSURANCE COMPANY and Charter Electric Co., Inc., Third-Party Defendants.

United States District Court E. D. New York.

May 29, 1959.

Attorney(s) appearing for the Case

Harry Malter, New York City, for plaintiff.

Edward R. Wolff, New York City, for defendant and third-party plaintiff, The Home Indemnity Company.

David Halper, Brooklyn, N. Y., and Allen A. Backer, Manchester, N. H., for defendant and third-party defendant, New Hampshire Fire Insurance Company, and third-party defendant, Charter Electric Co., Inc.

ZAVATT, District Judge.

These are two suits on two Miller Act payment bonds, 40 U.S.C.A. § 270(a) (2). After New Hampshire Fire Insurance Company and Charter Electric Co., Inc., were made third-party defendants in Action No. 16718 pursuant to an order of this court dated August 17, 1956, the two suits were consolidated by an order of this court made and filed December 29, 1958. The third-party defendant, Charter Electric...

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