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ST. PAUL FIRE & MARINE INS. CO. v. TENNEFOS CONSTRUCTION CO.

No. 19020.

396 F.2d 623 (1968)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Corporation, Appellant, v. TENNEFOS CONSTRUCTION CO., Inc., a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 14, 1968.

Attorney(s) appearing for the Case

Ellsworth E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellant; Robert C. Heege, of the same firm, Sioux Falls, S. D., and Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., were on the briefs with Ellsworth E. Evans.

Norman G. Tenneson, of Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for appellee; Harold A. Dronen, of the same firm, Fargo, N. D., was on the brief with Norman G. Tenneson.

Before MEHAFFY, GIBSON, and HEANEY, Circuit Judges.

GIBSON, Circuit Judge.

The main issue presented in this case and on this appeal concerns the coverage afforded by a contract bond issued to a member of a joint venture indemnifying that member against all loss sustained by reason of the other member's failure to comply with any of the terms of the joint venture agreement. The District Court for North Dakota held that the bond covered the loss in question and entered judgment for $147,591.22 and costs against the appellant...

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