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FIREMAN'S FUND INSURANCE COMPANY v. UNITED STATES

No. 377-66.

421 F.2d 706 (1970)

FIREMAN'S FUND INSURANCE COMPANY v. The UNITED STATES.

United States Court of Claims.

February 20, 1970.

Attorney(s) appearing for the Case

Edward Gallagher, Washington, D. C., attorney of record, for plaintiff.

Mary J. Turner, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON DEFENDANT'S AND PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

In August of 1958, Construction Management Corporation contracted with the United States through the Corps of Engineers for the modification of an existing power plant at Kindley Air Force Base in Bermuda at an adjusted contract price of $759,179.56. Plaintiff, a surety company, issued payment and performance bonds for the contract, pursuant to the Miller Act, 49 Stat. 793 (1935...

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