UNITED STATES FIDELITY & GUAR. CO. v. UNITED STATES

No. 183-70.

475 F.2d 1377 (1973)

UNITED STATES FIDELITY & GUARANTY CO. et al. v. The UNITED STATES.

United States Court of Claims.

March 16, 1973.


Attorney(s) appearing for the Case

Peter J. Gagne, Boston, Mass., for plaintiffs. Samuel H. Cohen, Boston, Mass., attorney of record for plaintiffs.

Leslie H. Wiesenfelder, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND ON DEFENDANT'S MOTION TO DISMISS ALL PLAINTIFFS BUT THE SURETY

BENNETT, Judge.

Plaintiff USF&G was a Miller Act1 surety on contract No. NBy-58920 in which Premier Contractors, Inc., the prime contractor, had agreed to make modifications to building No. 36, Barracks and Mess, at the United States Naval Station, Boston, Massachusetts...

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