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WASHINGTON METROPOLITAN AREA v. MERGENTIME CORP.

Nos. 79-1545, 79-1628.

626 F.2d 959 (1980)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY to the use and benefit of Head Construction Company v. MERGENTIME CORPORATION et al., Appellants, (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1980.

Rehearing Denied May 15, 1980.

Attorney(s) appearing for the Case

Daniel Webster Coon, Rockville, Md., with whom Dawn White, Rockville, Md., was on the brief, for appellants.

Edgar T. Bellinger, Washington, D. C., with whom John C. Hayes, Jr. and Leslie M. Shulman, Washington, D. C., were on the brief, for appellee, Head Const. Co.

Before McGOWAN and MacKINNON, Circuit Judges, and PRATT, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

The Head Construction Company [hereafter Head], sued a joint venture of the Mergentime Corporation and P&Z Co., Inc., [hereafter Mergentime], and its surety the Federal Insurance Company [hereafter Insurance Company], alleging that Mergentime owes it an unpaid balance of $99,597.65 (J.A. 7) on their subcontract whereby Head undertook to finish the segment of the Metropolitan...

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