LIPPERT BROS., INC. v. NATIONAL UNION FIRE INSURANCE CO.

Civ. No. 64-146.

247 F.Supp. 874 (1965)

LIPPERT BROS., INC., a corporation, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY, a corporation, Defendant, Denver United States National Bank, a National Banking Ass'n, Intervenor.

United States District Court W. D. Oklahoma.

December 10, 1965.


Attorney(s) appearing for the Case

Leon Shipp, Oklahoma City, Okl., for plaintiff.

James A. Peabody, Oklahoma City, Okl., for intervenor.

Alex Cheek, Oklahoma City, Okl., for defendant.


DAUGHERTY, District Judge.

In this case, the plaintiff, Lippert Bros., Inc., as a general contractor, sues the defendant, National Union Fire Insurance Company, on a payment and performance bond issued by the defendant, to Western Steel Erector, Inc., (hereinafter called Western), a subcontractor of the plaintiff, on a dormitory project at the University of Nebraska. The plaintiff claims that said subcontractor, so bonded by the defendant, defaulted in its subcontract...

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