UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES

No. 226-70.

446 F.2d 851 (1971)

UNITED STATES FIDELITY & GUARANTY CO., a Maryland corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 1971.


Attorney(s) appearing for the Case

William K. Stratvert, Albuquerque, N. M. (Keleher & McLeod, Albuquerque, N. M., with him on the brief), for appellant.

Ronald R. Glancz, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Robert V. Zener, Atty., Dept. of Justice, with him on the brief), for appellee.

Before SETH, COFFIN, and DOYLE, Circuit Judges.


PER CURIAM.

Appellant, United States Fidelity & Guaranty Company, brought this action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2674, seeking contribution from the United States as a joint tort-feasor with appellant's insured, the C. H. Taylor Company. The trial court found appellant not entitled to recovery, and this appeal was taken.

In 1965, Taylor entered into a contract with the Bureau of...

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