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UNITED STATES FOR USE & BENEFIT OF H & S IND. v. RICH

Nos. 74-1670, 74-1687 and 74-1700.

525 F.2d 760 (1975)

UNITED STATES of America for the Use and Benefit of H & S INDUSTRIES, INC., as Assignee of Cass County Stone Corp., et al., Plaintiffs-Appellants, v. F. D. RICH CO., INC., and Transamerica Insurance Co., Defendants-Appellees. UNITED STATES of America for the Use and Benefit of H & S INDUSTRIES, INC., as Assignee of Cass County Stone Corp., et al., Plaintiffs-Appellees, v. F. D. RICH CO., INC., Defendant-Appellant. F. D. RICH CO., INC., Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 1975.

Rehearings and Rehearings Denied November 17, 1975.

Attorney(s) appearing for the Case

George E. Buckingham, Goshen, Ind., Robert L. Miller, South Bend, Ind., for H & S Ind.

Thomas M. Shoaff and N. Reed Silliman, Fort Wayne, Ind., for F. D. Rich Co.

James W. Riley, Jr., Indianapolis, Ind., for U. S. Fidelity & Guaranty.

Before CUMMINGS and PELL, Circuit Judges, and PERRY, Senior District Judge.

Rehearings and Rehearings En Banc Denied November 17, 1975.

PELL, Circuit Judge.

The United States of America contracted with the F. D. Rich Co., Inc., (Rich) as general contractor to build a 200 family housing project at Bunker Hill (now Grissom) Air Force Base near Kokomo, Indiana. Transamerica Insurance Co. was surety of Rich for the benefit of the United States. Cass County Stone Corp. (Cass) was a subcontractor of Rich who was, inter alia, to clear...

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