NATIONAL UNION F. INS. CO. OF PITTSBURGH, PA. v. D & L CONST. CO.

Nos. 18013, 18014.

353 F.2d 169 (1965)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellant, v. D & L CONSTRUCTION CO. et al., Appellees. D & L CONSTRUCTION CO. et al., Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 27, 1965.


Attorney(s) appearing for the Case

Douglas Stripp and Clayton R. Smalley, Kansas City, Mo., for the National Union Fire Ins. Co. of Pittsburgh.

John A. Biersmith, Kansas City, Mo., for the D & L Construction Co., et al., on brief with Charles J. Fraas, Jr., Kansas City, Mo.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT and MEHAFFY, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National) appeals from a judgment entered in favor of D & L Construction Company and Associates (D & L) for $711,528.55, such judgment being for the principal amount of bonds issued by National on behalf of Mojave Electric Company (Mojave) and determined by the court to be in the amount of $530,000 plus attorneys' fees and interest. D & L is the prime contractor...

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