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FIREMAN'S FUND INSURANCE COMPANY v. UNITED STATES

Civ. A. No. KC-3376.

362 F.Supp. 842 (1973)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

June 7, 1973.

Attorney(s) appearing for the Case

Robert H. Foerschler, of McAnany, Van Cleave & Phillips, Kansas City, Kan., James C. Mordy, of Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, Mo., for plaintiff.

Robert J. Roth, U. S. Atty., James A. Pusateri, Asst. U. S. Atty., Kansas City, Kan., for defendant.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

This is an action between a Miller Act payment bond surety and the United States. Plaintiff, Fireman's Fund, alleges that the United States wrongfully paid the contractor (Scheven), when it was under a duty to refrain from making such payments. Plaintiff has paid certain of Scheven's suppliers and now seeks recovery for these payments to the extent of the Government...

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