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UNITED STATES v. MacDONALD CONSTRUCTION COMPANY

No. 19500.

417 F.2d 687 (1969)

UNITED STATES for the Use of PLANET CORPORATION, a Michigan Corporation, Appellant, v. MacDONALD CONSTRUCTION COMPANY, a Missouri Corporation, and The Travelers Indemnity Company, a Connecticut Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

October 21, 1969.

Attorney(s) appearing for the Case

Kenneth Laing, Jr., of MacLean, Seaman & Laing, Lansing, Mich., for appellant; Terrence L. Croft, of Coburn, Croft, Kohn & Herzog, St. Louis, Mo., on the brief.

Ralph C. Kleinschmidt, of Evans & Dixon, St. Louis, Mo., for appellee Travelers Indemnity Co.

William C. Dale, Jr., of Biggs, Hensley, Curtis & Biggs, St. Louis, Mo., for appellee MacDonald Const. Co.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

This is an appeal in a Miller Act (40 U.S.C. § 270b) case by the plaintiff Planet Corporation against defendants MacDonald Construction Company and The Travelers Indemnity Company. MacDonald was the prime contractor for the United States for the construction of the monumental Gateway Arch in St. Louis, Missouri. Travelers was surety for MacDonald. Planet subcontracted with MacDonald to perform all of the work required in Section...

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