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UNITED STATES v. UNITED PACIFIC INSURANCE COMPANY

Nos. 17889, 17890.

427 F.2d 366 (1970)

UNITED STATES of America For the Use of HOWARD STEEL COMPANY, Plaintiff-Appellee, v. UNITED PACIFIC INSURANCE COMPANY, Defendant-Appellant. A. M. TURNER COMPANY, an Illinois corporation, Plaintiff-Appellant, v. HOWARD STEEL COMPANY, a Missouri corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

June 2, 1970.

Attorney(s) appearing for the Case

Frank G. Schubert, Rock Island, Ill., Irvin B. Charne, Milwaukee, Wis., for appellants.

Robert A. Van Vooren, Thomas N. Kamp, William C. Davidson, Davenport, Iowa, Lane & Waterman, Davenport, Iowa, of counsel, for appellee.

Before MAJOR and HASTINGS, Senior Circuit Judges, and CUMMINGS, Circuit Judge.

MAJOR, Senior Circuit Judge.

This litigation had its genesis in a contract between A. M. Turner Company (Turner) and the United States of America, for the rehabilitation of a bridge structure in Rock Island, Illinois. Howard Steel Company (Howard) was a subcontractor of Turner in the prosecution of its contractual undertaking upon that project. United Pacific Insurance Company (Pacific) was Turner's surety. The United States, for the use of Howard, commenced a suit...

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