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NATIONAL UNION FIRE INS. CO. OF PITTSBURGH v. UNITED STATES

No. 110-58.

304 F.2d 465 (1962)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. The UNITED STATES; TERRE HAUTE FIRST NATIONAL BANK, Third Party.

United States Court of Claims.

June 6, 1962.

Attorney(s) appearing for the Case

Robert Edward Losch, Washington, D. C., for plaintiff. O. P. Easterwood, Jr., and McNutt, Dudley & Easterwood, Washington, D. C., on the briefs.

Gerson B. Kramer, Silver Spring, Md., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant. Jay J. Levit, Richmond, Va., on the brief.

John G. Keller, Washington, D. C., for third party defendant, Terre Haute First National Bank. Fowler, Leva, Hawes & Symington, Washington, D. C., on the brief.

LARAMORE, Judge.

This case is in effect a contest between plaintiff surety company and the third party defendant, an assignee bank. Plaintiff is seeking judgment for the amount of a progress payment made under a Government contract plus the amount remaining due and payable from the United States on the contract in question. The Government's position herein is that of a stakeholder without monetary interest in the outcome of this case. However, since the Government...

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