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UNITED STATES v. WESTERN CONTRACTING CORPORATION

No. 17742.

341 F.2d 383 (1965)

UNITED STATES for the Use of FIRST CONTINENTAL NATIONAL BANK & TRUST COMPANY, LINCOLN, NEBRASKA, a Corporation, and First Continental National Bank and Trust Company, Lincoln, Nebraska, a Corporation, Appellants, v. WESTERN CONTRACTING CORPORATION, a Corporation, The Aetna Casualty and Surety Company, a Corporation, Standard Accident Insurance Company, a Corporation, Fireman's Fund Insurance Company, a Corporation, Hartford Accident & Indemnity Company, a Corporation, The Travelers Indemnity Company, a Corporation, Argonaut Insurance Co., a Corporation, and Globe Indemnity Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

February 17, 1965.

Attorney(s) appearing for the Case

Flavel A. Wright, of Cline, Williams, Wright, Johnson, Oldfather & Thompson, Lincoln, Neb., made argument for appellants and filed brief.

Robert L. Berry, and George L. DeLacy, Omaha, Neb., of Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., made argument for appellees except Globe Indemnity Co., and filed brief.

William C. Hastings, of Chambers, Holland, Dudgeon & Hastings, Lincoln, Neb., made argument for Globe Indemnity Co., and filed brief.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff First Continental National Bank & Trust Company, Lincoln, Nebraska, hereinafter called plaintiff or Bank, from final judgment dismissing its three count complaint. Defendants named in count one are Western Contracting Corporation, prime contractor with the Government on certain Nebraska missile sites projects, and Aetna Casualty and Surety Company, Standard Accident and Insurance Company, Fireman's...

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