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JOSEPH A. BASS COMPANY v. UNITED STATES

No. 17698.

340 F.2d 842 (1965)

JOSEPH A. BASS COMPANY, a Corporation, and St. Paul Fire and Marine Insurance Company, a Corporation, Appellants, v. UNITED STATES, to the Use of PETER KIEWIT SONS' COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 2, 1965.

Attorney(s) appearing for the Case

Edmund T. Montgomery, of Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., made argument for appellants and filed brief with E. F. Engebretson, of Cox, Pearce, Engebretson, Murry & Anderson, Bismarck, N. D.

F. J. Smith, of Fleck, Smith, Mather, Strutz & Mayer, Bismarck, N. D., made argument for appellee and filed brief with John J. Hogan, Omaha, Neb.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

MATTHES, Circuit Judge.

In this Miller Act case, Title 40 U.S.C. §§ 270a-270d, Joseph A. Bass Company, contractor, and St. Paul Fire and Marine Insurance Company, surety on its payment bond, have appealed from the judgment dismissing Bass' counterclaim in which it sought a judgment against Peter Kiewit Sons' Company in the sum of $45,896.12.1

Bass was the prime contractor with...

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