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CONTINENTAL CASUALTY COMPANY v. UNITED STATES

No. 16912.

305 F.2d 794 (1962)

CONTINENTAL CASUALTY COMPANY, a Corporation, Appellant, v. The UNITED STATES of America for the Use and Benefit of the ROBERTSON LUMBER COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1962.

Attorney(s) appearing for the Case

James L. Lamb, of Degnan, Hager, McElroy & Lamb, Grand Forks, N. D., made argument for the appellant and filed brief.

John G. Shaft, of Shaft, Benson & Shaft, Grand Forks, N. D., made argument for the appellee and filed brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and HENLEY, District Judge.

HENLEY, District Judge.

This litigation arose out of the construction of certain housing for military personnel stationed at the Grand Forks Air Force Base, Grand Forks, North Dakota, under the housing program authorized by the Capehart Housing Act, as amended.1 Appellee, use plaintiff below, furnished materials to the prime contractor engaged in the construction of the housing and not being paid...

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