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UNITED STATES, ETC. v. SAFECO INS. CO. OF AMERICA

No. 76-1115.

555 F.2d 535 (1977)

UNITED STATES for the Use and Benefit of AUCOIN ELECTRIC SUPPLY COMPANY, Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA and Piedra Corporation, Defendants-Third-Party Plaintiffs, Appellants, v. SOUTH TEXAS ELECTRICAL CONTRACTORS, INC., et al., Third-Party Defendants, Appellees.

United States Court of Appeals, Fifth Circuit.

July 11, 1977.

Attorney(s) appearing for the Case

Robert K. Roach, Wichita Falls, Tex., for Safeco Ins. and Piedra Corp.

Dan H. Hennigan, Houston, Tex., for South Texas Elec.

Before GOLDBERG and TJOFLAT, Circuit Judges, and WYATT, District Judge.

WYATT, District Judge:

Safeco Insurance Company of America ("Safeco") and Piedra Corporation ("Piedra"), defendants and third party plaintiffs, appeal from a judgment in favor of South Texas Electrical Contractors, Inc. ("South Texas"), a third party defendant, entered on December 10, 1975, in the United States District Court for the Southern District of Texas.

The decision below should have turned on whether Piedra had on June 18, 1973, met its contract obligations...

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