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CONTINENTAL CASUALTY CO. v. ALLSOP LUMBER CO.

Nos. 17528, 17530.

336 F.2d 445 (1964)

CONTINENTAL CASUALTY COMPANY, Inc., et al., Appellants, v. ALLSOP LUMBER COMPANY, Inc., et al., Appellees. ALLSOP LUMBER COMPANY, Inc., et al., Appellants, v. CONTINENTAL CASUALTY COMPANY, Inc., et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 22, 1964.

Attorney(s) appearing for the Case

John A. Biersmith, Kansas City, Mo., for Continental Casualty Co., etc., et al.

Frank J. Gaffney, of Thorp, Reed & Armstrong, Pittsburgh, Pa., Arthur Cohn, of Cohn & Lentz, Waynesville, Mo., for Allsop Lumber Co., et al.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

BLACKMUN, Circuit Judge.

Allsop Lumber Company, Inc., instituted this action against D & L Construction Company & Associates, a joint venture, against those comprising the venture, and against Continental Casualty Company, Inc., the venture's payment bond surety, to recover $93,088.84. This amount was claimed to be the balance due Allsop on approximately $1,000,000 of lumber furnished for use in two housing projects constructed at Fort Leonard Wood, Missouri...

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