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BLANCHARD v. ST. PAUL FIRE AND MARINE INSURANCE CO.

Nos. 21107, 21111.

341 F.2d 351 (1965)

Charles H. BLANCHARD, d/b/a Blanchard Construction Co., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee. Charles H. BLANCHARD, d/b/a Blanchard Construction Co., Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 12, 1965.

Attorney(s) appearing for the Case

George E. Morse, Morse & Morse, Gulfport, Miss., for appellant.

James E. Hertz, Pensacola, Fla., for appellee St. Paul Fire & Marine Ins. Co.

Lawrence R. Schnieder, Atty., Dept. of Justice, Washington, D. C., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., for the United States.

Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.

MORGAN, District Judge.

These appeals from the District Court were consolidated for the purpose of briefing and argument, and both cases having originated from the same transaction, in the interest of clarity and expediency, this Court will consider both appeals in this Opinion.1

Both cases grow out of a contract entered into on August 25, 1960, between Charles H. Blanchard, d/b/a Blanchard

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