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UNITED STATES v. PROGRESSIVE CONTRACTORS, INC.

Civ. Nos. 3855, 3856.

196 F.Supp. 171 (1961)

UNITED STATES of America for the Use and Benefit of the ROBERTSON LUMBER COMPANY, a corporation, Plaintiff, v. PROGRESSIVE CONTRACTORS, INC., a corporation, and Continental Casualty Company, a corporation, Defendants. UNITED STATES of America for the Use and Benefit of the ROBERTSON LUMBER COMPANY, a corporation, Plaintiff, v. WILSHIRE CONTRACTORS, INC., a corporation, and Continental Casualty Company, a corporation, Defendants.

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

May 24, 1961.

Attorney(s) appearing for the Case

John G. Shaft (of Shaft, Benson & Shaft), Grand Forks, N. D., for use plaintiff, Robertson Lumber Co., a corporation.

James L. Lamb (of Degnan, Hager, McElroy & Lamb), Grand Forks, N. D., for defendant, Continental Cas. Co.

RONALD N. DAVIES, District Judge.

Determination of the legal question involved in the above-entitled actions was submitted to the Court upon briefs after pre-trial conference, all pertinent facts having been stipulated.

Progressive Contractors, Inc., and Wilshire Contractors, Inc., entered into contracts with the United States by and through the Department of the Air Force for construction of housing units at the Grand Forks Air Base. In connection with these...

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