UNITED STATES v. ULVEDAL

No. 18495.

372 F.2d 31 (1967)

UNITED STATES of America, Appellant, v. A. L. ULVEDAL, d/b/a Ulvedal Construction Company, and United Pacific Insurance Company, Appellees.

United States Court of Appeals Eighth Circuit.

February 8, 1967.


Attorney(s) appearing for the Case

Robert C. McDiarmid, Atty., Dept. of Justice, Washington, D. C., for appellant, John W. Douglas, Asst. Atty. Gen., Civil Division, Dept. of Justice and David L. Rose, Atty., Dept. of Justice, Washington, D. C., and John O. Garaas, U. S. Atty., Fargo, N. D., were on the brief with him.

Gordon Caldis, Grand Forks, N. D., for appellees.

Before VAN OOSTERHOUT, BLACKMUN, and MEHAFFY, Circuit Judges.


BLACKMUN, Circuit Judge.

The United States instituted this action seeking net damages of $7,963.34 under a construction contract between the government, acting through the National Aeronautics and Space Administration, and the defendant Ulvedal, doing business as Ulvedal Construction Company. The second defendant is Ulvedal's performance bond surety. Jurisdiction is conferred by 28 U.S.C. § 1345.

After the defendants filed their answer, the United States...

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