UNITED STATES v. ARDELT-HORN CONSTRUCTION CO.

No. 20544.

446 F.2d 820 (1971)

UNITED STATES of America For the Use and Benefit of JAMES E. SIMON CO., Inc., and James E. Simon Co., Inc., Appellants, v. ARDELT-HORN CONSTRUCTION CO. and St. Paul Fire & Marine Insurance Company, Appellees.

United States Court of Appeals, Eighth Circuit.

August 17, 1971.


Attorney(s) appearing for the Case

Allen L. Overcash, of Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, Neb., for James E. Simon Co., Inc.

Martin J. Andrew, of Weller, Friedrich, Hickisch & Hazlitt, Denver, Colo., Edwin Cassem, of Cassem, Tierney, Adams & Henatsch, Omaha, Neb., for appellee St. Paul Fire & Marine Ins. Co.

Before VAN OOSTERHOUT, HEANEY and ROSS, Circuit Judges.


PER CURIAM.

This is a timely appeal by plaintiff James E. Simon Co., Inc., a subcontractor on a government building project covered by the Miller Act from final order dismissing with prejudice its third claim for relief, which is based upon a Miller Act performance bond. Rule 54 (b) determinations for entry of final judgment on the third claim were made by the trial court. Rulings upon other claims for relief are not involved on this appeal.

Judge Urbom, in...

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