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UNITED STATES FIDELITY & GUARANTY CO. v. ALEXANDER

Civ. A. No. CV478-18.

463 F.Supp. 687 (1979)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff, v. Clifford ALEXANDER, Secretary of the United States Army, Col. Frank Walter, Contracting Officer of the Corps of Engineers, John Malo, Contracting Officer of the United States Army Infantry Center, Richard C. Solibakke, Chairman of the Armed Services Board of Contract Appeals, William H. Brasington, d/k/a Hugh Brasington, an Individual d/b/a Hugh Brasington Contracting Company, Defendants.

United States District Court, S. D. Georgia.

January 11, 1979.

Attorney(s) appearing for the Case

C. James Jessee, Jr., and Walter H. Beckham, III, Jessee, Ritchie & Duncan, P. C., Atlanta, Ga., for plaintiff.

Allan M. Miller, Kirby & Miller, Columbus, Ga., for defendants.

THIRD OPINION

LAWRENCE, Senior District Judge.

Findings of Fact and Conclusions of Law

I.

The Litigation and Issues

This is an action by a Miller Act surety seeking declaratory and injunctive relief against the Federal Defendants and the General Contractor in connection with appeals by the latter pending before Armed Services Board of Contract Appeals (ASBCA).

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