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U.S. FOR & ON BEHALF OF CANNON AIR CORP. v. NAT. HOMES

No. 77-1830.

581 F.2d 157 (1978)

UNITED STATES of America for and on Behalf of CANNON AIR CORPORATION and Fidelity and Deposit Company of Maryland, Appellees, v. NATIONAL HOMES CONSTRUCTION CORPORATION and Firemen's Insurance Company of Newark, New Jersey, Appellants, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff, v. CANNON AIR CORPORATION, Joe W. Cannon and Evelyn M. Cannon, Third-Party Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1978.

Attorney(s) appearing for the Case

J. Michael Gottschalk, Kutak, Rock & Huie, Omaha, Neb., for appellant; J. Thomas Marten, Omaha, Neb., on briefs.

Richard L. Walentine, Walsh, Walentine & Miles, Omaha, Neb., for appellees; John P. Mullen, Gaines, Otis, Mullen & Carta, Omaha, Neb., on brief.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and MacLAUGHLIN, District Judge.

HEANEY, Circuit Judge.

Cannon Air Corporation (Cannon) and its surety, Fidelity & Deposit Company of Maryland, brought an action against National Homes Construction Corporation (National) and its surety, Firemen's Insurance Company of Newark, New Jersey, for the breach of a subcontract between Cannon and National.1 Cannon was awarded damages of $149,502.16 after a jury trial. Thereafter, National filed a motion for judgment notwithstanding...

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