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UNITED STATES v. MARIETTA MANUFACTURING COMPANY

Civ. A. No. 2173.

268 F.Supp. 176 (1967)

UNITED STATES of America, Plaintiff, v. MARIETTA MANUFACTURING COMPANY, Inc., and the Travelers Indemnity Company, Inc., Defendants.

United States District Court S. D. West Virginia, Huntington Division.

May 18, 1967.

Attorney(s) appearing for the Case

Milton J. Ferguson, U. S. Atty., George D. Beter, Asst. U. S. Atty., Huntington, W. Va., Bertram E. Snyder, Attorney, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., for plaintiff the United States.

Robert H. C. Kay, Kay, Casto & Chaney, Charleston, W. Va., for defendant Marietta Manufacturing Co., Inc.

James K. Brown, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., Kahl K. Spriggs, Washington, D. C., for defendant the Travelers Indemnity Co., Inc.

CHRISTIE, District Judge:

This is an action by the United States to recover certain costs ($1,567,194.94) allegedly incurred as a result of defendant Marietta Manufacturing Company's default under contract No. MA-3156, calling for the construction of two ships for the Department of Commerce, Maritime Administration, for the performance of which defendant The Travelers Indemnity Company became surety and guarantor. The excess costs in question were necessitated by...

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