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UNITED STATES v. WOERFEL CORPORATION

Civ. No. 4606.

337 F.Supp. 895 (1972)

UNITED STATES of America, for the Use and Benefit of WESTERN STEEL ERECTORS, INC., a corporation, Plaintiff, v. WOERFEL CORPORATION, a corporation, and Fidelity and Deposit Company of Maryland, a corporation, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

February 14, 1972.

Attorney(s) appearing for the Case

John D. Kelly, Wattam, Vogel, Vogel & Peterson, Fargo, N. D., for plaintiff.

Thomas C. Wold, Pancratz, Wold & Johnson, Fargo, N. D., for defendants.

MEMORANDUM OF DECISION

BENSON, Chief Judge.

The cause of action in this case arose under 40 U.S.C. § 270a commonly known as the Miller Act, and 28 U.S.C. § 1352. The case was tried to the Court without a jury.

The parties agree that the defendant Woerfel Corporation, as contractor, on the 18th day of June, 1970, entered into Contract No. N62477-69-C-0095 with the United States of America for the construction of an Omega navigation station...

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