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UNITED STATES v. AMERICAN EMPLOYERS' INSURANCE CO.

Civ. No. 3618.

192 F.Supp. 873 (1961)

UNITED STATES of America for the Use of the HOME INDEMNITY COMPANY, a corporation, Assignee, Plaintiff, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, a corporation, and Oil Capital Construction Company, a corporation, Defendants, and United States of America, Interpleaded Defendant, and York Electric Construction Company, a corporation, Additional Indispensable Party Defendant.

United States District Court D. North Dakota, Northeastern Division.

April 8, 1961.

Attorney(s) appearing for the Case

Harold D. Shaft, of Shaft, Benson & Shaft, Grand Forks, N. D., and John Murphy, of Tucker, Murphy, Wilson & Siddens, Kansas City, Mo., for plaintiff, Home Indemnity Co.

Robert Vaaler, of Day, Stokes, Vaaler & Gillig, Grand Forks, N. D., for defendants, American Employers' Ins. Co. and Oil Capital Const. Co.

Robert L. Handros and John M. Burzio, Tax Division, United States Department of Justice, Washington, D. C., for interpleaded defendant, United States of America.

RONALD N. DAVIES, District Judge.

Oil Capital Construction Company (hereinafter Oil Capital) was prime contractor under a contract with the United States for certain construction work on the Grand Forks, North Dakota, Air Force Base. American Employers' Insurance Company (hereinafter American Employers') issued performance and payment bonds thereon under provisions of the Miller Act, 40 U.S.C.A. §§ 270a, 270b.

On February 11, 1957, Oil Capital made...

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