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ST. PAUL FIRE AND MARINE INSURANCE CO. v. UNITED STATES

No. 16914.

309 F.2d 22 (1962)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. UNITED STATES of America for the Use of DAKOTA ELECTRIC SUPPLY COMPANY, a North Dakota Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 19, 1962.

Attorney(s) appearing for the Case

Edmund T. Montgomery, Minneapolis, Minn., made argument for appellant and Richard H. McGee, of McGee, Van Sickle & Hankla, Minot, N. D., and Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., were with him on the brief.

Philip B. Vogel, Fargo, N. D., made argument for appellee and Myron H. Bright of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., was with him on the brief.

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

BLACKMUN, Circuit Judge.

This Miller Act case arises out of dormitory construction at the United States Air Force base at Minot, North Dakota. Tried to the court, it resulted in a judgment for the plaintiff supplier and against the defendant surety. The latter has appealed.

The general contractor was Joseph A. Bass Company. Its electrical subcontractor (hereinafter called "Schroeder") was John M. Schroeder, Inc. The supplier, or use plaintiff, is Dakota Electric...

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