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UNITED STATES v. U. S. FIDELITY & GUARANTY CO.

No. 77-1582.

601 F.2d 1136 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 13, 1979.

Rehearing Denied August 27, 1979.

Attorney(s) appearing for the Case

Joseph Scott, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Hubert A. Marlow, U. S. Atty., Tulsa, Okl., Morton Hollander and Neil H. Koslowe, Washington, D. C., on the brief), for plaintiff-appellant.

Ronald L. Day, Oklahoma City, Okl. (Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

The United States, as assignee of Fenix & Scisson, Inc., brought suit against the United States Fidelity & Guaranty Company on a contract of insurance issued by the latter to Fenix & Scisson. Jurisdiction is based on 28 U.S.C. § 1355.

In March, 1963, Fenix & Scisson, hereinafter referred to as FS, entered into a contract with the Atomic Energy Commission to provide architectural and engineering services in connection...

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