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CONTINENTAL CASUALTY COMPANY v. AMERICAN SECURITY CORP.

No. 23171.

443 F.2d 649 (1970)

CONTINENTAL CASUALTY COMPANY et al. v. AMERICAN SECURITY CORPORATION et al. Mather Construction Company et al., Appellants, Mather AFB Housing No. Two, Inc., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1970.

As Amended December 10, 1970.

Petition for Rehearing Denied December 7, 1970.

Attorney(s) appearing for the Case

Mr. Carl J. Felth, Washington, D. C., with whom Mr. Daniel J. Anderson, Washington, D. C., was on the brief, for appellants. Messrs. Thomas A. Flannery, U. S. Atty., Joseph M. Hannon, John A. Terry and Miss Mary E. Folliard, Asst. U. S. Attys., entered appearances for appellant Philip N. Brownstein, Commissioner, FHA. Mr. Joel C. Wise, Washington, D. C., also entered an appearance for appellant American Security Corporation.

Mr. Kahl K. Spriggs, Washington, D. C., with whom Mr. John F. Myers, Washington, D. C., was on the brief, for appellees.

Before MacKINNON and WILKEY, Circuit Judges, and CHRISTENSEN, U. S. District Judge, District of Utah.

PER CURIAM:

Continental Casualty Company and the Fidelity and Casualty Company of New York, appellees, brought this action against the construction contractors, appellants Mather Construction Company, D & L Contruction Company, and J. D. Bradley, Inc., to recover amounts escrowed with the defendant American Security Corporation for unpaid bills for labor and materials and certain unfinished landscape items on the Mather Air Force Base project. Appellees were sureties...

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