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GLENS FALLS INSURANCE COMPANY v. NEWTON LUMBER & MFG. CO.

Nos. 8779, 8780.

388 F.2d 66 (1967)

GLENS FALLS INSURANCE COMPANY, Appellant, v. NEWTON LUMBER & MFG. CO., and Perfection Truss Co., Inc., Appellees. D M H ENTERPRISES, INC., Appellant, v. NEWTON LUMBER & MFG. CO., and Perfection Truss Co., Inc., Appellees.

United States Court of Appeals Tenth Circuit.

October 24, 1967.

Attorney(s) appearing for the Case

H. Gayle Weller, Denver, Colo., and Norman E. Walton, Colorado Springs, Colo., for appellants.

Robert E. Anderson, Colorado Springs, Colo. (Horn, Anderson & Johnson, Daniel P. Edwards and Love, Cole & Murphy, Colorado Springs, Colo., on the brief) for appellees.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

PHILLIPS, Circuit Judge.

DMH Enterprises, Inc.,1 on March 27, 1964, entered into a written contract with the United States Air Force, whereby D MH agreed, as the prime contractor, to furnish all labor and materials and do all the work required to construct a 200-unit family housing project near the Ent Air Force Base in Colorado.

DMH, as principal, and Glens Falls Insurance Company,2 as surety, executed...

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