BARRETT v. UNITED STATES

No. 249-65.

367 F.2d 834 (1966)

Frank J. BARRETT, Director of Insurance and Head of the Department of Insurance, State of Nebraska v. The UNITED STATES.

United States Court of Claims.

November 10, 1966.


Attorney(s) appearing for the Case

Paul A. Phillips, Omaha, Neb., attorney of record, for plaintiff.

Edward L. Metzler, Washington, D. C., with whom was Acting Asst. Atty. Gen. J. William Doolittle, for defendant.

William F. Kelly, Washington, D. C., for Royal Indemnity Co., amicus curiae, Hans W. E. Seltmann, White Plains, N. Y., Richard A. Bartl, and Richard H. Nicolaides, Washington, D. C., of counsel.

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


COWEN, Chief Judge.

Plaintiff,1 claiming as subrogee of laborers and materialmen whose claims against their contractor it has paid, demands $23,805.74 which was offset against a larger sum owing by the Government to the contractor for which it was surety. Defendant moved to dismiss the petition for failure to state a claim upon which relief may be granted and for lack of jurisdiction in this court of a claim by a subrogee of laborers and...

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