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SECURITY INSURANCE CO. OF HARTFORD v. UNITED STATES

No. 2-67.

428 F.2d 838 (1970)

SECURITY INSURANCE COMPANY OF HARTFORD v. The UNITED STATES.

United States Court of Claims.

July 15, 1970.

Attorney(s) appearing for the Case

Thomas Penfield Jackson, Washington, D. C., attorney of record, for plaintiff. Thomas S. Jackson, and Jackson, Gray & Laskey, Washington, D. C., of counsel.

Ira Mark Bloom, Dept. of Justice, Washington, D. C., with whom was Asst. Atty. Gen., Johnnie M. Walters, for defendant. Philip R. Miller and Joseph Kovner, Washington, D. C., of counsel.

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

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

COWEN, Chief Judge.

This case concerns the extent to which the Government may set off taxes owed to it by a defaulting contractor against retainages claimed by a Miller Act1 surety who completes the contract pursuant to its performance bond. The case comes before the court on cross-motions for summary judgment.

For the purposes of this motion, the following agreed...

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