UNITED STATES v. UNITED STATES FIDELITY & GUARANTY CO.

Civ. Nos. 5684, 5685, 5565.

240 F.Supp. 316 (1965)

UNITED STATES of America, for the Use and Benefit of the FIRST NATIONAL BANK OF JACKSON, Jackson, MISSISSIPPI, Assignee of Standard Industries, Inc., Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, National Surety Corporation, a corporation, and the Aetna Casualty & Surety Company, a corporation, Defendants and Third-Party Plaintiffs, v. HYDE CONSTRUCTION CO., Inc., a corporation, R. W. Hyde, Jr., individually, E. E. Morgan, individually, H & F Engineering Co., Inc., a corporation, and Lacoste, Inc., a corporation, Talbert & Brown Contractors, Inc., a corporation, Universal Bridge Company, a corporation, Slade & McElroy, Inc., a corporation, Hyde-Morgan, a co-partnership, Third-Party Defendants. UNITED STATES of America, for the Use and Benefit of the FIRST NATIONAL BANK OF JACKSON, Jackson, MISSISSIPPI, Assignee of Ideal Cement Company, Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, et al. (as above named), Defendants and Third-Party Plaintiffs, v. HYDE CONSTRUCTION COMPANY, Inc., a corporation, et al. (as above named), Third-Party Defendants. UNITED STATES of America, for the Use and Benefit of STANDARD INDUSTRIES, INC., a corporation, and First National Bank of Jackson, Jackson, Mississippi, a banking corporation, Plaintiffs, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, et al. (as above named), Defendants and Third-Party Plaintiffs, v. HYDE CONSTRUCTION COMPANY, Inc., a corporation, et al. (as above named), Third-Party Defendants.

United States District Court N. D. Oklahoma.

April 16, 1965.


Attorney(s) appearing for the Case

David H. Sanders, Sanders, McElroy & Whitten, Tulsa, Okl., and William E. Suddath, Jr., Watkins & Eager, Jackson, Miss., for plaintiffs.

Clyde J. Watts, Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for defendants and third-party plaintiffs.

Vardaman S. Dunn, Cox, Dunn & Clark, Jackson, Miss., for third-party defendants.


BOHANON, District Judge.

Three cases filed in the United States District Court for the Northern District of Oklahoma, numbered 5565, 5684 and 5685, were consolidated for trial, inasmuch as there were common questions of law and fact in each case, and arose out of financial difficulties of a contractor in the construction of a dam pursuant to a contract with the United States of America, entered into through the United...

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