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UNITED STATES v. HEYWARD-ROBINSON COMPANY

No. 766, Docket 34513.

430 F.2d 1077 (1970)

UNITED STATES of America, for the Use and Benefit of D'AGOSTINO EXCAVATORS, INC., Plaintiff-Appellee, v. The HEYWARD-ROBINSON COMPANY, Inc. and Maryland Casualty Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 24, 1970.

Attorney(s) appearing for the Case

Francis X. Conway, New York City, for defendants-appellants.

Irwin M. Echtman, New York City, for plaintiff-appellee.

Before FRIENDLY and KAUFMAN, Circuit Judges, and BRYAN, District Judge.

FREDERICK van PELT BRYAN, District Judge.

This is an appeal from a judgment for the plaintiff entered in the United States District Court for the District of Connecticut upon a jury verdict after trial before Chief Judge J. Edward Lumbard, of the Court of Appeals of this Circuit, sitting by designation.

The action involves two subcontracts for excavation work between D'Agostino Excavators, Inc. (D'Agostino) and The Heyward-Robinson Company, Inc. (Heyward)...

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