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UNITED PACIFIC INSURANCE COMPANY v. UNITED STATES

No. 119-61.

362 F.2d 805 (1966)

UNITED PACIFIC INSURANCE COMPANY v. The UNITED STATES.

United States Court of Claims.

June 10, 1966.

Attorney(s) appearing for the Case

Edward Gallagher, Washington, D. C., attorney of record, for plaintiff.

Gerson B. Kramer, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

OPINION

COWEN, Chief Judge.

Plaintiff, a surety company which issued payment and performance bonds on two Government construction contracts under the Miller Act (40 U.S.C. § 270a et seq.), sues to recover from the United States the proceeds of a check alleged to have been illegally disbursed by the Government to the contractor, who proceeded to cash the same and retain the funds.

Fred H. Stegeman, an...

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