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AMERICAN FIDELITY FIRE INSURANCE CO. v. UNITED STATES

No. 176-73.

513 F.2d 1375 (1975)

AMERICAN FIDELITY FIRE INSURANCE CO. v. The UNITED STATES v. Ernst H. BRANDT, III, Third-Party.

United States Court of Claims.

April 16, 1975.

Attorney(s) appearing for the Case

Kent Leeds Vallette, Beverly Hills, Cal., attorney of record, for plaintiff.

Bernard M. Brodsky, Washington, D. C., with whom was Asst. Atty. Gen. Carla A. Hills, New York City, for defendant. Leslie H. Wiesenfelder, Washington, D. C., of counsel.

Ernst H. Brandt, III, third party, pro se.

Before DAVIS, KASHIWA and KUNZIG, Judges.

KASHIWA, Judge.

This is a suit seeking reimbursement from the Government of payment of $15,900 made by plaintiff surety to a subcontractor on a payment bond. The plaintiff surety and the Government are here on cross motions for summary judgment. For the reasons stated below, we hold that the plaintiff surety may recover $14,055.40, the amount the Government paid the contractor, but not the retainage of $1,990.72 withheld by the Government. We further hold for the...

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