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UNITED STATES v. BISON CONSTRUCTION CO.

Civ. No. 3834.

196 F.Supp. 111 (1961)

UNITED STATES of America for the Use of RESOURCES DEVELOPMENT, INC., a corporation, (formerly Ric-Wil, Incorporated), Plaintiff, v. BISON CONSTRUCTION CO., a corporation, and The Fidelity and Casualty Company of New York, a corporation, Defendants.

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

July 24, 1961.

Attorney(s) appearing for the Case

Albert P. Hadley, of Ashman, Zeile, Portmann & Hadley, Cleveland, Ohio, and Paul K. Pancratz, of Whittlesey & Pancratz, Fargo, N. D., for plaintiff.

P. W. Lanier, Jr., and Frank T. Knox, of Lanier, Knox & Shermoen, Fargo, N. D., for defendants.

RONALD N. DAVIES, District Judge.

This action, submitted to the Court after a pre-trial conference and under a stipulation of facts, was commenced by the Use Plaintiff, Resources Development, Inc., formerly Ric-Wil, Incorporated, (and hereinafter Ric-Wil), pursuant to 40 U.S.C.A. §§ 270a and 270b, commonly referred to as the Miller Act, against Bison Construction Co., a corporation, (hereinafter Bison), and The Fidelity and Casualty Company of New York,...

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