No. 17651.

340 F.2d 542 (1965)

TRI-STATE INSURANCE COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

As Modified February 19, 1965.

Attorney(s) appearing for the Case

Richard A. Williams, of Wright, Lindsey, Jennings Lester & Shults, Little Rock, Ark., made argument for appellant and filed brief.

Richard N. Countiss, Atty., Lands Div., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis and John J. Schimmenti, Attys., Dept. of Justice, Washington, D. C., Charles M. Conway, U.S. Atty., and E. A. Riddle, Asst. U. S. Atty., Fort Smith, Ark.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and DELEHANT, District Judge.

MEHAFFY, Circuit Judge.

Appellee, the United States, brought this suit against The Baptist Golden Age Home, Capital Construction Company, Inc., and appellant, Tri-State Insurance Company, the surety of Capital under a construction contract. The injury complained of was damage to United States land sustained when the lateral support thereto was removed by Capital in the course of excavation pursuant to performance of a building contract on adjoining land belonging...


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