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GENERAL INSURANCE CO. OF AMER. v. HERCULES CONSTRUCTION CO.

No. 18,496-97.

385 F.2d 13 (1967)

GENERAL INSURANCE COMPANY OF AMERICA, Appellant, v. HERCULES CONSTRUCTION COMPANY, a corporation, Appellee. HERCULES CONSTRUCTION COMPANY, a corporation, Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals Eighth Circuit.

As Modified on Denial of Rehearing December 1, 1967.

Attorney(s) appearing for the Case

Tyree C. Derrick, St. Louis, Mo., for General Insurance Co.; Karl E. Holderle, Jr., St. Louis, Mo., was with Tyree C. Derrick, St. Louis, Mo., on the brief.

Mortimer A. Rosecan, St. Louis, Mo., and Merle L. Silverstein, Rosenblum & Goldenhersh, St. Louis, Mo., made argument for Hercules Construction Co. and filed brief.

Before VOGEL, Chief Judge, VAN OOSTERHOUT and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

This is an appeal from the United States District Court for the Eastern District of Missouri on a judgment entered against General Insurance Company as surety on a subcontractor's performance bond, and a cross-appeal on the District Court's refusal to allow prejudgment interest. We will first consider the appeal of General Insurance Company.

Plaintiff-Appellee, Hercules Construction Company, entered into a general construction contract...

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