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U.S., FOR USE OF GARRETT v. MIDWEST CONST. CO.

No. 77-2710.

619 F.2d 349 (1980)

UNITED STATES of America, For Use of A. C. GARRETT, d/b/a Garrett Construction Company, Plaintiff-Appellee Cross-Appellant, v. MIDWEST CONSTRUCTION COMPANY and Reliance Insurance Company, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 4, 1980.

Attorney(s) appearing for the Case

Benjamin Raye Collier, Dallas, Tex., for defendants-appellants cross-appellees.

James R. Harris, Corpus Christi, Tex., for plaintiff-appellee cross-appellant.

Before GODBOLD, HILL and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Beneath the placid surface of this modest contract dispute lurk shoals, reefs and sunken choice of law questions. Boarding the good dredge Melvin, we steer a serpentine course to safer waters.

This suit involves a government prime contractor, Midwest Construction Company, a Nebraska citizen, and its subcontractor, Garrett Construction Company, a Texas citizen. Garrett filed suit in district court against Midwest and its surety...

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