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HOME INDEMNITY COMPANY v. UNITED STATES

No. 7-70.

433 F.2d 764 (1970)

HOME INDEMNITY COMPANY v. The UNITED STATES, v. Gerald P. GRACE, Trustee in Bankruptcy of Abco Finance Company, Third-Party.

United States Court of Claims.

November 13, 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.

Alex H. Dolnick, Chicago, Ill., for Gerald P. Grace, trustee in bankruptcy of the estate of Abco Finance Co.

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

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

PER CURIAM:

This is a dispute between a surety (Home Indemnity Company) and a financing institution (Abco Finance Company) over funds in the hands of the Government which are admittedly due and payable under a completed government contract. The defendant acknowledges that it is a mere stake holder and takes no position as to which claimant is entitled to the money.

The contractor (Thomas J. Flisk, doing...

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