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ARGONAUT INSURANCE COMPANY v. UNITED STATES

No. 306-68.

434 F.2d 1362 (1970)

ARGONAUT INSURANCE COMPANY, a Corporation, Plaintiff v. The UNITED STATES, Defendant, WELLS FARGO BANK, Third-Party Defendant, James A. A. Smith, Receiver, and Ted Watkins Construction Co., Inc., Third-Party Defendants.

United States Court of Claims.

December 11, 1970.

Attorney(s) appearing for the Case

Gerald R. Knecht, San Francisco, Cal., attorney of record, for plaintiff. Knecht, Dingus & Boring, San Francisco, Cal., of counsel.

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

John G. Keller, Jr., Washington, D. C., attorney of record for third-party defendant Wells Fargo. Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D. C., of counsel.

W. A. McGugin, Fresno, Cal., attorney of record for third-party defendant Ted Watkins Construction Co., Inc., and the Receiver.

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

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT AND MOTION OF THIRD-PARTY WELLS FARGO FOR SUMMARY JUDGMENT AGAINST DEFENDANT

COWEN, Chief Judge.

In August of 1967, Ted Watkins Construction Co., Inc., herein Watkins, contracted with the United States through the Federal Highway Administration, Bureau of Public Roads, Department of Transportation, for the surfacing of 26.834 miles of the Klamath River National Forest...

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