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ROCKY MOUNTAIN TOOL & MACHINE CO. v. TECON CORP.

Nos. 8178-8180.

371 F.2d 589 (1966)

ROCKY MOUNTAIN TOOL & MACHINE CO., Inc., Appellant, v. TECON CORPORATION, United States Fidelity & Guaranty Company, and Hartford Accident & Indemnity Company, Appellees. HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellant, v. TECON CORPORATION, United States Fidelity & Guaranty Company, and Rocky Mountain Tool & Machine Co., Inc., Appellees. TECON CORPORATION, Cross-Appellant, v. ROCKY MOUNTAIN TOOL & MACHINE CO., Inc., Hartford Accident & Indemnity Company, and United States Fidelity & Guaranty Company, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 30, 1967.

Attorney(s) appearing for the Case

Richard L. Banta, Jr., Englewood, Colo. (Shivers, Banta & McMartin, Englewood, Colo., and Emory L. O'Connell, Denver, Colo., on the brief), for Rocky Mountain Tool & Machine Co., Inc.

W. Robert Ward, Denver, Colo. (H. Gayle Weller, Denver, Colo., on the brief), for Hartford Accident & Indemnity Co.

Charles H. Haines, Jr., Denver, Colo. (Grant, Shafroth, Toll & McHendrie and Peter J. Crouse, Denver, Colo., on the brief), for Tecon Corporation and United States Fidelity & Guaranty Co.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

Rehearing Denied in Nos. 8179 and 8180 January 30, 1967.

DAVID T. LEWIS, Circuit Judge.

This action was brought under the Miller Act, 40 U.S.C. §§ 270a, 270b, by the United States for the use and benefit of Rocky Mountain Tool & Machine Co., Inc. (Rocky Mountain) against Tecon Corporation (Tecon) and involves a complex of claims resulting from the construction of a Bureau of Reclamation project designated...

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