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GALLAGHER v. CONTINENTAL INSURANCE COMPANY

No. 73-1885.

502 F.2d 827 (1974)

Dennis J. GALLAGHER et al., Plaintiffs-Appellants, v. The CONTINENTAL INSURANCE COMPANY, a New York corporation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 10, 1974.

Attorney(s) appearing for the Case

John S. Carroll, Denver, Colo., for plaintiffs-appellants.

Charles E. Carlsen, Minneapolis, Minn. (Weller, Friedrich, Hickisch & Hazlitt, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., Carlsen, Greiner & Law, Minneapolis, Minn., John S. Moore, Atty. Gen., Joseph M. Montano, Chief Highway Counsel, Sp. Asst. Atty. Gen., and Richard W. Phillips, Asst. Chief Highway Counsel, Sp. Asst. Atty. Gen., on the brief), for defendants-appellees.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiffs-appellants, as citizens and taxpayers of Colorado and the United States, brought this class action in state court to recover 55 million dollars for "the treasury of the State of Colorado and the treasury of the United States, as their interests may appear." The controversy centers around a highway tunnel which is part of the National System of Interstate and Defense Highways. The defendants-appellees are the project contractors...

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