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MALAN-DEAN CORP. v. TRAVELERS INDEM. CO.

No. 512, Docket 79-7609.

615 F.2d 950 (1980)

MALAN-DEAN CORPORATION and Continental Casualty Co., Plaintiffs-Appellees, v. The TRAVELERS INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Frederick C. Stern, New York City (Blum, Haimoff, Gersen, Lipson, Slavin & Szabad, Louis Haimoff, New York City, of counsel), for plaintiffs-appellees.

Richard H. Tunstead, New York City (Tunstead & Schechter, Marian Lewis, New York City, of counsel), for defendant-appellant.

Before MOORE and TIMBERS, Circuit Judges, and MacMAHON, District Judge.

PER CURIAM:

This controversy had its origin in a prime contract dated November 22, 1957 between the United States Navy and a contractor (referred to herein as Malan-Dean), for the construction of a jet engine test facility in Trenton, New Jersey. A part of the project was subcontracted to the Arthur E. Magher Company (Magher). Both Malan-Dean and Magher have long since been in bankruptcy. However, both companies supplied performance bonds, Malan-Dean with the Continental...

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