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WAGNER v. FIREMAN'S FUND INSURANCE COMPANY

Nos. 7896, 7923.

352 F.2d 410 (1965)

William WAGNER and J. A. Tretheway, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Flora Construction Company, Argus Construction Company, Flora Construction Company and Argus Construction Company, a joint venture, and Mildred L. Flora, Appellees. Walter W. FLORA, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

November 9, 1965.

Attorney(s) appearing for the Case

Herbert A. Shatz, Denver, Colo., for appellants Wagner and Tretheway.

Lawrence M. Wood, Denver, Colo., for appellee Fireman's Fund Ins. Co.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

Appellants Flora Construction Company and Argus Construction Company, Wyoming corporations,1 prior to May 11, 1959, agreed as a joint venture, to submit a bid to the United States Bureau of Reclamation for a contract to construct the proposed Fremont Canyon power project in Wyoming. The contract was awarded to the joint venture, and under its terms the joint venture was to furnish performance and payment bonds written...

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