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AETNA CASUALTY AND SURETY COMPANY v. UNITED STATES

No. 18198.

365 F.2d 997 (1966)

The AETNA CASUALTY AND SURETY COMPANY, Fireman's Fund Insurance Company, Hartford Accident and Indemnity Company, The Travelers Indemnity Company, United States Fidelity & Guaranty Company, Employers Reinsurance Corporation, Fidelity and Deposit Company of Maryland, General Insurance Company, and American Reinsurance Company, All Corporations, Appellants, v. The UNITED STATES of America for Use and Benefit of R. J. STUDER & SONS, H. C. Studer, and E. I. Studer Company, a Joint Venture, Appellees.

United States Court of Appeals Eighth Circuit.

September 23, 1966.

Attorney(s) appearing for the Case

W. A. McCullen and Joseph M. Butler, Rapid City, S. D., for appellants, Bangs, McCullen, Butler & Foye, Rapid City, S. D., on the brief.

B. E. Longo, Billings, Mont., and George Beal, Rapid City, S. D., for appellees, Cooke, Moulton, Bellingham, Longo & Mather, Billings, Mont., and Bottum & Beal, Rapid City, S. D., on the brief.

Before JOHNSEN and BLACKMUN, Circuit Judges, and YOUNG, District Judge.

GORDON E. YOUNG, District Judge.

This is a Miller Act case.

Peter Kiewit Sons' Company, a corporation, hereinafter called Kiewit, was the prime contractor for the construction of a Minuteman Missile Facility surrounding Ellsworth Air Force Base located near Rapid City, South Dakota. Kiewit's contract with the United States Government was for a consideration in excess of $56,000,000, and as described by the trial court...

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