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CITY OF DEVILS LAKE v. ST. PAUL FIRE & MARINE

Civ. No. A78-2072.

497 F.Supp. 595 (1980)

The CITY OF DEVILS LAKE, a Municipal Corporation, Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Foreign Corporation, and Koehnlein, Lightowler, Johnson, Inc., a corporation, Defendants. KOEHNLEIN, LIGHTOWLER, JOHNSON, INC., a corporation, Third Party Plaintiff, v. BARBAROSSA AND SONS, INCORPORATED, Third Party Defendant.

United States District Court, D. North Dakota, Northeastern Division.

September 30, 1980.

Attorney(s) appearing for the Case

Lewis C. Jorgenson, Devils Lake, N. D., for plaintiff.

Robert Vaaler, Vaaler, Gillig, Warcup, Woutat & Zimney, Grand Forks, N. D., for St. Paul Fire & Marine and Barbarossa and Sons; James J. Ryan, George C. King, Thomas, King, Swenson & Collatz, P.A, St. Paul, Minn., of counsel.

Wickham Corwin, Charles Feste, Conmy, Feste & Bossart, Ltd., Fargo, N. D., for Koehnlein, Lightowler, Johnson, Inc.

MEMORANDUM OF DECISION AND ORDER FOR JUDGMENT

BENSON, Chief Judge.

The above entitled diversity action, removed from state court, involves a dispute arising out of a contractor's bid on a storm and sanitary sewer separation project constructed in the City of Devils Lake, North Dakota. Plaintiff brought the action against defendant St. Paul Fire & Marine Insurance Company (hereinafter referred to as St. Paul) seeking forfeiture of a bid bond, and against...

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